Tarone v Tarone

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Tarone v Tarone 2013 NY Slip Op 01545 Decided on March 13, 2013 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 March 13, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
2011-03944
(Index No. 500001/06)

[*1]Gregory Tarone, appellant,

v

Madeleine Tarone, respondent.




Steven A. Feldman, Uniondale, N.Y., for appellant.
John Ray, Miller Place, N.Y. (Vesselin Mitev of counsel), for
respondent.


DECISION & ORDER

In a matrimonial action in which the parties were divorced by judgment dated December 22, 2005, as amended October 15, 2009, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Diamond, J.), dated April 8, 2011, as, after a hearing, granted the motion of the defendant to hold him in contempt for failing to comply with a provision of the judgment of divorce, as amended, requiring him to pay maintenance.

ORDERED that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly granted the defendant's motion to hold him in contempt for failing to comply with a provision of the judgment of divorce, as amended, requiring him to pay maintenance. The court correctly determined that the plaintiff's admitted failure to pay maintenance was willful, that his conduct was calculated to, or actually, did defeat, impair, impede, or prejudice the defendant's rights or remedies, and that enforcement measures less drastic than seeking to hold him in contempt would be ineffectual (see Domestic Relations Law § 245; Taylor v Taylor, 83 AD3d 815, 817; Lopez v Ajose, 33 AD3d 976).

The parties' remaining contentions are without merit.
ENG, P.J., RIVERA, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino [*2]

Clerk of the Court