Matter of Timothy Shockome v Yevgenia Shockome

Matter of Shockome v Shockome 2006 NY Slip Op 04850 [30 AD3d 528] Decided on June 13, 2006 Appellate Division, Second Department 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.

Decided on June 13, 2006
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
STEVEN W. FISHER
JOSEPH COVELLO, JJ.
2005-04683 DECISION & ORDER

[*1]In the Matter of Timothy Shockome, respondent,

v

Yevgenia Shockome, appellant. In the Matter of Yevgenia Shockome, appellant, Timothy Shockome, respondent. (Docket Nos. V-05156-02, V-5157-02)




Barry L. Goldstein, Yonkers, N.Y., for appellant.
Philip W. Kenny, Poughkeepsie, N.Y., for respondent (no
brief filed).

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Dutchess County (Amodeo, J.), dated May 5, 2005, which found her guilty of criminal contempt.

ORDERED that the appeal is dismissed, without costs or disbursements.

Where, as here, the purported contempt was committed within the immediate view and presence of the court and was punished summarily (see Judiciary Law § 750, 752; 22 NYCRR 701.2), review must be had under CPLR article 78 and not by way of direct appeal (see Judiciary Law § 755; Matter of Ellman, 117 AD2d 803; People v Longo, 30 AD2d 828; People v Epps, 21 AD2d 650, cert denied 379 US 940). Moreover, because this matter involves a Family Court Judge, this court is without original jurisdiction to entertain it as a CPLR article 78 proceeding (see Matter of Nolan v Lungen, 61 NY2d 788; Matter of O'Connell v Taddeo, 174 Misc 2d 110, 112; CPLR 506[b][1]).

Accordingly, the appeal must be dismissed.
ADAMS, J.P., SANTUCCI, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court