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Lyon v. Lyon

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 499 (N.Y. App. Div. 1991)

Opinion

April 1, 1991

Appeal from the Supreme Court, Nassau County (Becker, J.).


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

By notice of motion, the plaintiff sought to hold the defendant in contempt for her purported refusal to permit him to remove various items of personal property from the former marital residence. The plaintiff claimed that a stipulation of settlement as well as the parties' judgment of divorce entitled him to those items. The Supreme Court denied his motion and, upon subsequently granting reargument, adhered to its original determination.

Both upon his original motion and upon reargument, the plaintiff failed to establish his entitlement, under any prior mandate of the court, to the items of personal property that he sought. Moreover, the plaintiff never explained why he did not remove the disputed items when, as it appears from the record, he was previously given access to the former marital residence by the defendant. Under such circumstances, the Supreme Court properly denied the plaintiff's motion to hold the defendant in contempt of court, and, upon reargument, properly adhered to its original determination (see, Matter of Department of Envtl. Protection v. Department of Envtl. Conservation, 70 N.Y.2d 233; Kutanovski v. Kutanovski, 162 A.D.2d 662; City of Poughkeepsie v Hetey, 121 A.D.2d 496). Mangano, P.J., Brown, Sullivan, Harwood and Miller, JJ., concur.


Summaries of

Lyon v. Lyon

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 499 (N.Y. App. Div. 1991)
Case details for

Lyon v. Lyon

Case Details

Full title:FLOYD LYON, Appellant, v. CHRISTINA LYON, Respondent

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

Date published: Apr 1, 1991

Citations

172 A.D.2d 499 (N.Y. App. Div. 1991)
567 N.Y.S.2d 849