Cunha v. Urias
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
By contesting the father’s contempt petition on the merits without objecting that it did not comply with the notice and warning requirements of Judiciary Law § 756, the mother waived any objections to the validity of the petition based upon those requirements (see Matter of Rappoport, 58 NY2d 725, 726 [1982]; Matter of Laland v Edmond, 13 AD3d 451 [2004]; Matter of Restivo v Cincu, 11 AD3d 621 [2004]).
Moreover, contrary to the mother’s contention, the Family *997Court properly, in effect, adjudicated her in contempt for willfully failing to obey the visitation provision of a prior order (see…
2Cases cited5 opinions
- McCormick v. AxelrodNew York Court of Appeals · 1983
- In re the Estate of RappaportNew York Court of Appeals · 1982
- Laland v. EdmondAppellate Division of the Supreme Court of the State of New York · 2004
- Restivo v. CincuAppellate Division of the Supreme Court of the State of New York · 2004
- Rjeoutski v. MavrinaAppellate Division of the Supreme Court of the State of New York · 2012