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Kellezi v. Kellezi

Supreme Court, Appellate Division, Second Department, New York.
May 1, 2013
106 A.D.3d 737 (N.Y. App. Div. 2013)

Opinion

2013-05-1

In the Matter of Olivia KELLEZI, appellant, v. Meritan KELLEZI, respondent. (Proceeding No. 1). In the Matter of Meritan Kellezi, respondent, v. Olivia Kellezi, appellant. (Proceeding No. 2).

Gretchen Mullins Kim, P.C., Yonkers, N.Y., for appellant. Kenneth Lyle Bunting, White Plains, N.Y., for respondent.


Gretchen Mullins Kim, P.C., Yonkers, N.Y., for appellant. Kenneth Lyle Bunting, White Plains, N.Y., for respondent.
Janet A. Gandolfo, Sleepy Hollow, N.Y., attorney for the children.

In two related proceedings pursuant to Family Court Act articles 6 and 8, the mother appeals, as limited by her notice of appeal and a letter dated October 24, 2012, from so much of an order of the Family Court, Westchester County (Malone, J.), entered April 6, 2012, as, after a hearing, granted the father's petition to hold her in civil contempt for willfully violating the visitation provisions of interim orders of the same court dated February 25, 2009, and March 9, 2010, respectively, and imposed a $250 sanction for each violation.

ORDERED that the order entered April 6, 2012, is affirmed insofar as appealed from, with costs.

Contrary to the mother's contentions, the Family Court properly granted the father's petitions to hold her in civil contempt, as the record established by clear and convincing evidence that she willfully violated clear and unequivocal court orders, thereby prejudicing the father's right to visitation with the children ( see Matter of Jules v. Corriette, 55 A.D.3d 732, 864 N.Y.S.2d 786;Munster v. Munster, 17 A.D.3d 600, 794 N.Y.S.2d 394;Matter of Barcham–Reichman v. Reichman, 250 A.D.2d 609, 672 N.Y.S.2d 403;cf. Rienzi v. Rienzi, 23 A.D.3d 447, 449, 808 N.Y.S.2d 113).

The mother's remaining contention is without merit.

RIVERA, J.P., DICKERSON, LEVENTHAL and HALL, JJ., concur.


Summaries of

Kellezi v. Kellezi

Supreme Court, Appellate Division, Second Department, New York.
May 1, 2013
106 A.D.3d 737 (N.Y. App. Div. 2013)
Case details for

Kellezi v. Kellezi

Case Details

Full title:In the Matter of Olivia KELLEZI, appellant, v. Meritan KELLEZI…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: May 1, 2013

Citations

106 A.D.3d 737 (N.Y. App. Div. 2013)
2013 N.Y. Slip Op. 3094
963 N.Y.S.2d 875

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