Opinion
2014-07-16
In the Matter of VERNON D. (Anonymous), Jr. Administration for Children's Services, petitioner-respondent; Tarah F. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Zhaniyah D. (Anonymous). Administration for Children's Services, petitioner-respondent; Tarah F. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Zhyen G.M. (Anonymous). Administration for Children's Services, petitioner-respondent; Tarah F. (Anonymous), appellant, et al., respondent. (Proceeding No. 3).
Robert Hausner, Garden City, N.Y., for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Deborah A. Brenner of counsel), for respondent.
Robert Hausner, Garden City, N.Y., for appellant.Zachary W. Carter, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Deborah A. Brenner of counsel), for respondent.
Seymour W. James, Jr., New York, N.Y. (Tamara A. Steckler and Claire V. Merkine of counsel), attorney for the children.
In three related child protective proceedings pursuant to Family Court Act article 10, the mother appeals from (1) an order of the Family Court, Queens County (McGowan, J.), dated September 6, 2013, which, upon a decision dated August 11, 2013, granted the petitioner's motion to adjudge her in civil contempt for her violation of a prior order of protection of the same court dated August 3, 2010, and (2) an order of the same court, also dated September 6, 2013, which denied her motion, in effect, for leave to reargue her prior motion for unsupervised visitation with the subject children, which had been denied in an order of the same court dated May 22, 2013.
ORDERED that the appeal from the order denying the motion, in effect, for leave to reargue is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,
ORDERED that the order granting the petitioner's motion to adjudge the mother in civil contempt for her violation of a prior order of protection of the same court dated August 3, 2010, is affirmed, without costs or disbursements.
Contrary to the mother's contention, the Family Court properly granted the petitioner's motion to adjudge her in civil contempt for failing to obey the clear and unequivocal mandate of a prior order of protection directing her to not permit any contact between the youngest child and his father ( see Matter of McCormick v. Axelrod, 59 N.Y.2d 574, 584–585, 466 N.Y.S.2d 279, 453 N.E.2d 508;El–Dehdan v. El–Dehdan, 114 A.D.3d 4, 16–17, 978 N.Y.S.2d 239;Matter of Administration for Children's Servs. v. Debra W., 95 A.D.3d 582, 944 N.Y.S.2d 525;see also Matter of Lagano v. Soule, 86 A.D.3d 665, 667, 926 N.Y.S.2d 729). Moreover, a hearing was not necessary, as the mother's papers in opposition to the petitioner's motion failed to raise a factual dispute or the existence of a defense ( see El–Dehdan v. El–Dehdan, 114 A.D.3d at 17, 978 N.Y.S.2d 239;Automated Waste Disposal, Inc. v. Mid–Hudson Waste, Inc., 50 A.D.3d 1073, 1074, 857 N.Y.S.2d 229;Jaffe v. Jaffe, 44 A.D.3d 825, 844 N.Y.S.2d 97;Matter of Garbitelli v. Broyles, 257 A.D.2d 621, 622, 684 N.Y.S.2d 292).
The mother's remaining contentions are without merit. ENG, P.J., LEVENTHAL, LOTT and ROMAN, JJ., concur.