Hart v Hart

Hart v Hart 2016 NY Slip Op 08691 Decided on December 23, 2016 Appellate Division, Fourth 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 December 23, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., DEJOSEPH, CURRAN, AND SCUDDER, JJ.
1132 CA 16-00020

[*1]PEGGYANN HART, PLAINTIFF-RESPONDENT,

v

CHARLES R. HART, DEFENDANT-APPELLANT. (APPEAL NO. 1.)

MITCHELL LAW OFFICE, OSWEGO (RICHARD C. MITCHELL, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.

AMDURSKY, PELKY, FENNELL & WALLEN, P.C., OSWEGO (COURTNEY S. RADICK OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Oswego County (Norman W. Seiter, Jr., J.), entered March 25, 2015. The order, inter alia, found that defendant willfully failed to obey prior court orders and that plaintiff willfully failed to obey the provisions of Domestic Relations Law § 236 (B) (2) (b).

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same memorandum as in Hart v Hart ([appeal No. 2] ___ AD3d ___ [Dec. 23, 2016]).

Entered: December 23, 2016

Frances E. Cafarell

Clerk of the Court