From Casetext: Smarter Legal Research

Felcher v. Schiller

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 2000
269 A.D.2d 490 (N.Y. App. Div. 2000)

Opinion

Submitted January 12, 2000

February 24, 2000

In a proceeding pursuant to CPLR article 52 to enforce a money judgment, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Joseph, J.), dated March 19, 1999, as denied his motion to adjudge the defendant in contempt of court for his willful violation of a restraining notice issued pursuant to CPLR 5222, and granted that branch of the defendant's cross motion which was, in effect, to vacate the restraining notice.

Howard B. Felcher, New York, N.Y. (Diane S. Uyar of counsel), for appellant.

Allan Schiller, Great Neck, N.Y., respondent pro se.

CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, LEO F. McGINITY, NANCY E. SMITH, JJ.


DECISION ORDER

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

The plaintiff's restraining notice failed to comply with the requirements set forth in CPLR 5222(a). Accordingly, the Supreme Court properly denied his motion to adjudge the defendant in contempt of court for his willful violation of the notice.

The plaintiff's remaining contention is without merit.


Summaries of

Felcher v. Schiller

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 2000
269 A.D.2d 490 (N.Y. App. Div. 2000)
Case details for

Felcher v. Schiller

Case Details

Full title:HOWARD B. FELCHER, appellant, v. ALLAN SCHILLER, respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 24, 2000

Citations

269 A.D.2d 490 (N.Y. App. Div. 2000)
703 N.Y.S.2d 733