Opinion
666 CA 21-01733
09-30-2022
Kim M. CAPOZZOLO, Plaintiff-Respondent, v. Arcangelo CAPOZZOLO, Defendant-Appellant.
HOGANWILLIG, PLLC, BUFFALO (KENNETH A. OLENA OF COUNSEL), FOR DEFENDANT-APPELLANT.
HOGANWILLIG, PLLC, BUFFALO (KENNETH A. OLENA OF COUNSEL), FOR DEFENDANT-APPELLANT.
PRESENT: WHALEN, P.J., SMITH, CENTRA, WINSLOW, AND BANNISTER, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. Memorandum: In this civil contempt proceeding, defendant appeals from an order that, upon a finding of willful contempt, committed him to the Erie County Correctional Facility for a term of 30 days. Defendant contends, inter alia, that the punishment of incarceration was an abuse of the civil contempt statute. Even assuming, arguendo, that the issues raised on appeal are preserved for our review, we are unable to determine whether defendant's contentions have merit inasmuch as the 19-page record before us does not contain sufficient information to enable us to determine whether Supreme Court properly imposed a punishment of jail time. Defendant, as the appellant, "submitted this appeal on an incomplete record and must suffer the consequences" ( Matter of Santoshia L. , 202 A.D.2d 1027, 1028, 609 N.Y.S.2d 724 [4th Dept. 1994] ; see Matter of Jon Z. [Margaret Z.] , 151 A.D.3d 1854, 1855, 54 N.Y.S.3d 349 [4th Dept. 2017] ).