MATTER OF SHELLEY H. v. MELVIN JERMAINE R.

9479.

172 A.D.3d 638 (2019)

99 N.Y.S.3d 620

2019 NY Slip Op 04278

In the Matter of Shelley H., Appellant, v. Melvin Jermaine R., Respondent.

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

Decided May 30, 2019.


The motion court was correct in denying the mother's motion to hold the father in civil contempt. However, we disagree with the court's reasoning.

The father's counsel acknowledged that the father was aware of the order, yet failed to follow its clear and unequivocal directive that he drop off the child at a designated time and place for visitation with the mother (Judiciary Law § 753 [A] [3]; Matter of McCormick v Axelrod, 59 N.Y.2d 574...

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