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McKiernan v. McKiernan

Appellate Division of the Supreme Court of New York, Second Department
Jul 31, 2000
274 A.D.2d 560 (N.Y. App. Div. 2000)

Opinion

Submitted April 26, 1999.

July 31, 2000.

In a matrimonial action in which the parties were divorced by judgment dated December 12, 1997, the plaintiff former husband appeals from an order of the Supreme Court, Westchester County (Shapiro, J.), dated December 1, 1998, which after a hearing, found him to be in contempt of court for violating a prior order of protection of the same court dated July 9, 1997, and remanded him to the custody of the Westchester County Department of Corrections for a period of five days.

Lawrence H. Bloom, New York, N.Y., for appellant.

Before: LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

Where, as here, issues of credibility are presented, the trial court's findings must be accorded great deference and will not be disturbed on appeal if supported by a fair interpretation of the evidence (see, Ferraro v. Ferraro, 257 A.D.2d 596, 598; Matter of Greenberg v. Greenberg, 226 A.D.2d 463). The record supports the trial court's determination that the plaintiff violated the order of protection (see, Matter of Tina T. v. Steven U., 243 A.D.2d 863).

The plaintiff's remaining contentions are either not properly raised on this appeal or are without merit.


Summaries of

McKiernan v. McKiernan

Appellate Division of the Supreme Court of New York, Second Department
Jul 31, 2000
274 A.D.2d 560 (N.Y. App. Div. 2000)
Case details for

McKiernan v. McKiernan

Case Details

Full title:PETER G. MCKIERNAN, APPELLANT, v. MARY JOAN MCKIERNAN, RESPONDENT

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 31, 2000

Citations

274 A.D.2d 560 (N.Y. App. Div. 2000)
711 N.Y.S.2d 913

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