Opinion
December 6, 2000.
Writ of habeas corpus in the nature of an application to release the petitioner from the Rockland County Jail, where he is in custody pursuant to an order of commitment of the Family Court, Rockland County, dated June 2, 2000.
Robert S. Lewis, Nyack, N.Y., petitioner pro se.
Patricia Zugibe, County Attorney, New City, N.Y. (Edward Lussen of counsel), and Joseph E. Suarez, New City, N.Y., for respondent.
Before: MYRIAM J. ALTMAN, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION JUDGMENT
ADJUDGED that the writ is dismissed, without costs or disbursements.
The petitioner's contention that he was entitled to a de novo hearing pursuant to Family Court Act § 455(2) before he could be incarcerated upon a determination that he was in contempt of a prior order of the same court is without merit (see, People ex rel. Foote v. Stancari, 179 A.D.2d 835). Moreover, the determination of the Family Court did not violate "constitutional or statutory standards" (People ex rel. Klein v. Kruger, 25 N.Y.2d 497, 499; see, People ex rel. Rosenthal v. Wolfson, 48 N.Y.2d 230).