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In re Ariel S.

Supreme Court of New York, First Department

November 14, 2013

In re Ariel S., and Others, Children Under Eighteen Years of Age, etc., and Yesenia L., Respondent-Appellant,

Latham & Watkins, LLP, New York (Michael J. Raine of counsel), for appellant.

Ariel S., Respondent, Administration for Children's Services, Petitioner-Respondent.

Tom, J.P., Mazzarelli, Freedman, Richter, Feinman, JJ.

Order, Family Court, Bronx County (Karen I. Lupuloff, J.), entered on or about June 20, 2012, which, upon appellant's admission that she committed civil contempt, ordered her incarcerated for fourteen days, unanimously modified, on the law, the disposition vacated and a suspended judgment substituted therefor, and otherwise affirmed, without costs.

Appellant admitted that she knowingly and willfully violated a court order suspending her visitation rights of her children. As such, the Family Court correctly found appellant in civil contempt (Matter of McCormick v Axelrod, 59 N.Y.2d 574, 582-583 [1983]).

We find under the circumstances that the imposition of fourteen days in prison was inappropriate.


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