Matter of Ariel S. (Yesenia L.)

Matter of Ariel S. (Yesenia L.) 2013 NY Slip Op 07567 Decided on November 14, 2013 Appellate Division, First 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 November 14, 2013
Tom, J.P., Mazzarelli, Freedman, Richter, Feinman, JJ.
11068

[*1]In re Ariel S., and Others, Children Under Eighteen Years of Age, etc.,

and

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




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

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 NY2d 574, 582-583 [1983]).

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

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

ENTERED: NOVEMBER 14, 2013

CLERK