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Ciccone v. Ciccone

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 7, 2018
166 A.D.3d 578 (N.Y. App. Div. 2018)

Opinion

2016–06560 Index No. 4422/12

11-07-2018

Ramona CICCONE, Respondent, v. John Paul CICCONE, Appellant.

Meth Law Offices, P.C., Chester, N.Y. (Michael D. Meth of counsel), for appellant.


Meth Law Offices, P.C., Chester, N.Y. (Michael D. Meth of counsel), for appellant.

WILLIAM F. MASTRO, J.P., LEONARD B. AUSTIN, ROBERT J. MILLER, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

In a matrimonial action, the defendant appeals from an order of the Supreme Court, Orange County (Lori Currier Woods, J.), dated May 20, 2016. The order, insofar as appealed from, granted those branches of the plaintiff's motion which were to enforce a provision of the parties' stipulation of settlement directing the distribution of a certain bank account and for an award of an attorney's fee.

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

The parties entered a stipulation of settlement, which was incorporated but not merged into a judgment of divorce dated October 8, 2014. In August 2015, the plaintiff moved, inter alia, to enforce a provision of the stipulation directing that she receive 50% of a certain bank account containing no less than $54,000 and for an award of an attorney's fee. The defendant had withdrawn approximately $25,000 from this account, thereby depleting the amount available for distribution. The defendant asserted that he had used these funds to pay bills incurred by the parties or their children. In an order dated May 20, 2016, the Supreme Court granted those branches of the plaintiff's motion. The defendant appeals.

We agree with the Supreme Court's determination that the plaintiff was entitled to 50% of the amount withdrawn by the defendant from the subject bank account in accordance with the stipulation. Accordingly, we agree with the court's determination to grant that branch of the plaintiff's motion which was to enforce this provision of the stipulation (see Klein v. Klein, 134 A.D.3d 1066, 22 N.Y.S.3d 547 ; Stein v. Stein, 130 A.D.3d 604, 605, 12 N.Y.S.3d 284 ).

Under the circumstances, the Supreme Court providently exercised its discretion in awarding the plaintiff an attorney's fee in the sum of $3,500 (see Mollah v. Mollah, 136 A.D.3d 992, 993, 26 N.Y.S.3d 298 ; Hackett v. Hackett, 115 A.D.3d 800, 803, 982 N.Y.S.2d 167 ; Pathak v. Shukla, 109 A.D.3d 891, 892, 971 N.Y.S.2d 455 ; Quinn v. Quinn, 73 A.D.3d 887, 899 N.Y.S.2d 859 ).

The defendant's remaining contentions are without merit.

MASTRO, J.P., AUSTIN, MILLER and CONNOLLY, JJ., concur.


Summaries of

Ciccone v. Ciccone

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 7, 2018
166 A.D.3d 578 (N.Y. App. Div. 2018)
Case details for

Ciccone v. Ciccone

Case Details

Full title:Ramona Ciccone, respondent, v. John Paul Ciccone, appellant.

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Nov 7, 2018

Citations

166 A.D.3d 578 (N.Y. App. Div. 2018)
2018 N.Y. Slip Op. 7408
84 N.Y.S.3d 909