Opinion
7427N Index 312210/16
10-23-2018
Jason R. GOLDY, Plaintiff–Appellant, v. Simona SAMSON, Defendant–Respondent.
Law Offices of Howard B. Felcher, PLLC, New York (Howard B. Felcher of counsel), for appellant. Jan Levien, P.C., New York (Jan Levien of counsel), for respondent.
Law Offices of Howard B. Felcher, PLLC, New York (Howard B. Felcher of counsel), for appellant.
Jan Levien, P.C., New York (Jan Levien of counsel), for respondent.
Renwick, J.P., Richter, Kahn, Gesmer, Singh, JJ.
Order, Supreme Court, New York County (Michael L. Katz, J.), entered on or about January 22, 2018, which, insofar as appealed from as limited by the briefs, denied plaintiff father's motion to find defendant mother in contempt, unanimously affirmed, without costs.
The record shows that although the mother improperly suspended the father's visitation after the child sustained an injury while in his care, she immediately resumed visitation upon direction from the court, and the father had already made up the missed visits by the time the court heard oral arguments on the issue. Under such circumstances, it was not an improvident exercise of discretion for the court to decline to hold the mother in contempt (see Kulhan v. Courniotes, 209 A.D.2d 383, 618 N.Y.S.2d 101 [2d Dept. 1994] ; see also Rodman v. Friedman, 33 A.D.3d 400, 826 N.Y.S.2d 1 [1st Dept. 2006], lv dismissed 8 N.Y.3d 895, 832 N.Y.S.2d 898, 865 N.E.2d 7 [2007] ; Judiciary Law §§ 750, 753 ).