Legal Opinion
Shockome v. Shockome
Appellate Division of the Supreme Court of the State of New York
Decided June 13, 2006PublishedCited by 5 opinions
1Opinion of the Court
*530In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Dutchess County (Amodeo, J.), dated May 5, 2005, which found her guilty of criminal contempt.
Ordered that the appeal is dismissed, without costs or disbursements.
Where, as here, the purported contempt was committed within the immediate view and presence of the court and was punished summarily (see Judiciary Law §§ 750, 752; 22 NYCRR 701.2), review must be had under CPLR article 78 and not by way of direct appeal (see Judiciary Law § 755; Matter of Ellman, 117 AD2d 803…
2Cases cited5 opinions
- Nolan v. LungenNew York Court of Appeals · 1984
- People v. EppsAppellate Division of the Supreme Court of the State of New York · 1964
- O'Connell v. TaddeoNew York Supreme Court · 1997
- People v. LongoAppellate Division of the Supreme Court of the State of New York · 1968
- In re EllmanAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by5 opinions
- Julie G. v. Yu-Jen G.Appellate Division of the Supreme Court of the State of New York · 2011
- Kelly v. KellyAppellate Division of the Supreme Court of the State of New York · 2006
- Clark v. ZwackAppellate Division of the Supreme Court of the State of New York · 2007
- Hartwich v. ChauvinAppellate Division of the Supreme Court of the State of New York · 2016
- Hartwich v. ChauvinAppellate Division of the Supreme Court of the State of New York · 2016