SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
January 5, 2010
ESTHER YORK, APPELLANT,
JOSEPH YORK, RESPONDENT.
In an action for a divorce and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Queens County (Strauss, J.), dated January 23, 2009, which denied her motion to hold the defendant in contempt for the willful violation of an order of the same court dated July 30, 2008.
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.
PETER B. SKELOS, J.P., RANDALL T. ENG, JOHN M. LEVENTHAL and CHERYL E. CHAMBERS, JJ.
(Index Nos. 10224/93, 11853/98)
DECISION & ORDER
ORDERED that the order dated January 23, 2009, is affirmed, with costs.
The Supreme Court did not improvidently exercise its discretion in denying the plaintiff's motion to hold the husband in contempt for the willful violation of an order dated July 30, 2008. The defendant's failure to comply with the order was not willful, since the plaintiff's actions prevented him from complying.
The plaintiff's remaining contention is without merit.
SKELOS, J.P., ENG, LEVENTHAL and CHAMBERS, JJ., concur.
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