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Davey v. Kelly

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 2, 2008

PETER F. DAVEY, PLAINTIFF-APPELLANT,
v.
MARY F. KELLY, ET AL., DEFENDANTS-RESPONDENTS.

Order, Supreme Court, New York County (Richard F. Braun, J.), entered on or about October 15, 2007, which, after a hearing, granted defendants' application to find plaintiff in civil contempt for violating a legal mandate of the court and directed plaintiff to purge the contempt, within 10 days, by paying counsel fees and costs to defendants in an amount totaling $28,309.97, unanimously affirmed, with costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Nardelli, McGuire, Acosta, DeGrasse, JJ.

117426/05

The record establishes that plaintiff was expressly prohibited by two prior court orders from filing any litigation relating to his divorce action without first obtaining permission from the court, and that plaintiff, without obtaining said permission, filed actions asserting collateral attacks on the divorce proceedings to the detriment of the remedies accorded defendants by the court's prohibitory orders (see Richards v Estate of Kaskel, 169 AD2d 111, 121 [1991], lv dismissed in part, denied in part 78 NY2d 1042 [1991]; Judiciary Law § 753[A][1]).

The court properly declined to assign counsel to plaintiff in light of his admissions regarding his financial status (see People ex rel. Lobenthal v Koehler, 129 AD2d 28, 31-33 [1987]).

We have considered plaintiff's other arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20081202

© 1992-2008 VersusLaw Inc.



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