Matter of Hill v Babb

Matter of Matter of Hill v Babb 2012 NY Slip Op 07117 Decided on October 24, 2012 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 October 24, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
2011-07527
(Docket Nos. V-25501-07, V-25502-07, V-28748-07, V-28749-07)

[*1]In the Matter of Victor St. Hill, appellant,

v

Frances Babb, et al., respondents.




Narissa Morris, Laurelton, N.Y., for appellant.
Francine Shraga, Brooklyn, N.Y., for respondent Frances
Babb.
Steven S. London, Brooklyn, N.Y., for respondent Abiola T.
Paddy.
Karen P. Simmons, Brooklyn, N.Y. (Janet Neustaetter of
counsel), attorney for the children.


DECISION & ORDER

In a custody and visitation proceeding pursuant to Family Court Act article 6, the father appeals, by permission, from an order of the Family Court, Kings County (Ramirez, J.), dated July 20, 2011, which, without a hearing, denied his motion to hold the mother and the maternal grandmother in civil contempt.

ORDERED that the order is affirmed, with one bill of costs.

Under the circumstances of this case, the Family Court did not improvidently exercise its discretion in denying the father's motion to hold the mother and the maternal grandmother in civil contempt for allegedly violating an order dated April 21, 2010 (see Bernard-Cadet v Gobin, 94 AD3d 1030, 1031; Matter of Porta v Muratschew, 93 AD3d 850; Matter of Kraemer v Strand-O'Shea, 66 AD3d 901).

The father's remaining contentions are without merit.
RIVERA, J.P., CHAMBERS, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court