Cervera v. Bressler

Appellate Division of the Supreme Court of New York

Cervera v. Bressler

64 A.D.3d 533, 881 N.Y.S.2d 334

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 7, 2009

StatusPublished

This text of 64 A.D.3d 533 (Cervera v. Bressler) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cervera v. Bressler, 64 A.D.3d 533, 881 N.Y.S.2d 334 (N.Y. Ct. App. 2009).

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Opinion

In a matrimonial action in which the par-

ties were divorced by judgment dated February 21, 2001, the plaintiff appeals from an order of the Supreme Court, Westchester County (Lubell, J.), entered March 18, 2008, which granted the defendant’s motion to hold him in contempt of two previous orders directing him to pay one half of the forensic evaluator’s fees.

Ordered that the order is reversed, on the law, without costs or disbursements, and the motion is denied.

As the mother, in effect, concedes, the order finding the father in contempt of court for not paying his allotted 50% share of the forensic evaluator’s fees must be reversed in light of this Court’s decision and order dated April 15, 2008 (see Cervera v Bressler, 50 AD3d 837 [2008]), inter alia, mandating a hearing to determine the relative financial circumstances of the parties and, based on the outcome of that hearing, to reapportion the parties’ payment obligations regarding fees for the forensic evaluator and attorney for the child. Spolzino, J.P, Skelos, Dillon and Covello, JJ., concur.

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In a matrimonial action in which the par-

ties were divorced by judgment dated February 21, 2001, the plaintiff appeals from an order of the Supreme Court, Westchester County (Lubell, J.), entered March 18, 2008, which granted the defendant’s motion to hold him in contempt of two previous orders directing him to pay one half of the forensic evaluator’s fees.

Ordered that the order is reversed, on the law, without costs or disbursements, and the motion is denied.

As the mother, in effect, concedes, the order finding the father in contempt of court for not paying his allotted 50% share of the forensic evaluator’s fees must be reversed in light of this Court’s decision and order dated April 15, 2008 (see Cervera v Bressler, 50 AD3d 837 [2008]), inter alia, mandating a hearing to determine the relative financial circumstances of the parties and, based on the outcome of that hearing, to reapportion the parties’ payment obligations regarding fees for the forensic evaluator and attorney for the child. Spolzino, J.P, Skelos, Dillon and Covello, JJ., concur.

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Bluebook (online)

64 A.D.3d 533, 881 N.Y.S.2d 334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cervera-v-bressler-nyappdiv-2009.

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