People ex rel. Porter v. Porter

Appellate Division of the Supreme Court of New York

People ex rel. Porter v. Porter

33 A.D.2d 876, 307 N.Y.S.2d 682, 1969 N.Y. App. Div. LEXIS 2721

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

DecidedDecember 4, 1969

StatusPublished

Cited by2 cases

This text of 33 A.D.2d 876 (People ex rel. Porter v. Porter) 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.

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People ex rel. Porter v. Porter, 33 A.D.2d 876, 307 N.Y.S.2d 682, 1969 N.Y. App. Div. LEXIS 2721 (N.Y. Ct. App. 1969).

Pincite

Opinion

Order unanimously reversed and proceeding to hold defendant in civil contempt dismissed, without costs. Memorandum: A person may not be placed in civil contempt for violation of a court order unless it is reasonably certain that his act constituted a violation thereof (Matter of Carlson v. Podeyn, 12 A D 2d 810; 9 N Y Jur, Contempt, § 19; see 22 Carmody-Wait, 2d, New York Practice § 140:2). The facts adduced upon the hearing in this contempt proceeding do not show that defendant asserted custody of the daughter named in the order of January 2, 1969 in derogation of that order nor that he prevented plaintiff from continuing custody of her and taking her home. At most it appears that he gave moral support to the desires of his two daughters to remain at his home for a few days to attend a field day. This affords no basis for holding defendant in civil contempt for violation of the terms of said order granting temporary custody of the daughter to the plaintiff mother. (Appeal from order of Genesee County Family Court in contempt proceeding.) Present — Goldman, P. J., Witmer, Moule, Bastow and Henry, JJ.

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Order unanimously reversed and proceeding to hold defendant in civil contempt dismissed, without costs. Memorandum: A person may not be placed in civil contempt for violation of a court order unless it is reasonably certain that his act constituted a violation thereof (Matter of Carlson v. Podeyn, 12 A D 2d 810; 9 N Y Jur, Contempt, § 19; see 22 Carmody-Wait, 2d, New York Practice § 140:2). The facts adduced upon the hearing in this contempt proceeding do not show that defendant asserted custody of the daughter named in the order of January 2, 1969 in derogation of that order nor that he prevented plaintiff from continuing custody of her and taking her home. At most it appears that he gave moral support to the desires of his two daughters to remain at his home for a few days to attend a field day. This affords no basis for holding defendant in civil contempt for violation of the terms of said order granting temporary custody of the daughter to the plaintiff mother. (Appeal from order of Genesee County Family Court in contempt proceeding.) Present — Goldman, P. J., Witmer, Moule, Bastow and Henry, JJ.

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Bluebook (online)

33 A.D.2d 876, 307 N.Y.S.2d 682, 1969 N.Y. App. Div. LEXIS 2721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-porter-v-porter-nyappdiv-1969.

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