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MATTER OF WEICHERT v. NEW YORK STATE DIVISION OF HUMAN RIGHTS

CA 09-01713.

73 A.D.3d 1452 (2010)

899 N.Y.S.2d 924

In the Matter of ROBERT M. WEICHERT, Appellant, et al., Petitioner, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Respondent, and KRISTY MONTANARO, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided May 7, 2010.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the motion is denied.

Memorandum: Supreme Court erred in holding Robert M. Weichert (petitioner) in civil contempt for failing to pay attorney's fees to Kristy Montanaro (respondent), as directed in a prior money judgment. That judgment was enforceable by execution pursuant to CPLR article 52, and thus holding petitioner...

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