Opinion
March 9, 2000
Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered December 14, 1998, which, to the extent appealed from, denied petitioner's motion to hold respondents in contempt of court and denied respondents' cross motion for sanctions, unanimously affirmed, without costs.
Valerie S. Wolfman for petitioner-appellant-respondent.
Christine B. Cesare for respondents-respondents-appellants.
Williams, J.P., Tom, Rubin, Andrias, JJ.
The motion court properly exercised its discretion in denying petitioner's motion to hold respondents in contempt of court since it was not established with reasonable certainty that the subject income execution order was disobeyed or that respondents aided and abetted petitioner's husband in evading the court's support order (see, Matter of McCormick v. Axelrod, 59 N.Y.2d 574, 583; cf.,Corpuel v. Galasso, 240 A.D.2d 531, appeal dismissed 91 N.Y.2d 922;Peters v. Sage Group Assocs., 238 A.D.2d 123). We also decline to disturb the denial of respondents' motion for sanctions.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.