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Keywords

plaintiffdefendantmotiondivorcecase law
plaintiffdefendantappealdivorce

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Henning v. Ritz, 22 A.D.3d 524, 801 N.Y.S.2d 768 (Mem), 2005 N.Y. Slip Op. 07489

Facts

The parties were divorced by judgment dated January 8, 1999. Following the divorce, the plaintiff was found to have placed a marking purporting to be the signature of a Family Court Judge on a document, which led to the contempt proceedings. The defendant sought to hold the plaintiff in contempt, while the plaintiff sought to recover amounts for unreimbursed health care and child care expenses.

The parties were divorced by judgment dated January 8, 1999. Following the divorce, the plaintiff was found to have placed a marking purporting to be the signature of a Family Court Judge on a document, which led to the contempt proceedings.

Issue

Did the plaintiff commit civil and criminal contempt of court by placing a false signature on a document?

Did the plaintiff commit civil and criminal contempt of court by placing a false signature on a document?

Rule

The court applied Judiciary Law § 750[A][6] and § 753[A][2], along with relevant case law regarding contempt.

The evidence before the Supreme Court was sufficient to establish that the plaintiff placed the marking purporting to be the signature of a Family Court Judge on the subject document, which constituted civil and criminal contempt ( see Judiciary Law § 750[A][6] ; § 753[A][2]; Matter of McCormick v. Axelrod, 59 N.Y.2d 574, 466 N.Y.S.2d 279, 453 N.E.2d 508; Ketchum v. Edwards, 153 N.Y. 534, 47 N.E. 918; Dalessio v. Kressler, 6 A.D.3d 57, 65–66, 773 N.Y.S.2d 434).

Analysis

The court found sufficient evidence that the plaintiff had placed a false signature on a document, which constituted both civil and criminal contempt. The application of the law to the facts demonstrated that the plaintiff's actions were in violation of the court's authority.

The evidence before the Supreme Court was sufficient to establish that the plaintiff placed the marking purporting to be the signature of a Family Court Judge on the subject document, which constituted civil and criminal contempt.

Conclusion

The court affirmed the order holding the plaintiff in contempt and denied the plaintiff's motion for financial recovery.

ORDERED that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

Who won?

The defendant prevailed in the case because the court found that the plaintiff's actions constituted contempt of court.

The defendant prevailed in the case because the court found that the plaintiff's actions constituted contempt of court.

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