Opinion
2011-12-20
Onofrio ROCCO, appellant, v. Joann ROCCO, respondent.
Brian D. Perskin, Brooklyn, N.Y., for appellant. Caruso, Caruso & Branda, P.C., Brooklyn, N.Y. (Grace M. Borrino of counsel), for respondent.
Brian D. Perskin, Brooklyn, N.Y., for appellant. Caruso, Caruso & Branda, P.C., Brooklyn, N.Y. (Grace M. Borrino of counsel), for respondent.
In an action for a divorce and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Kings County (Adams, J.), entered February 28, 2011, which, upon a decision of the same court dated January 5, 2011, in effect, granted that branch of the defendant's motion which was to hold him in contempt for failing to comply with certain provisions of a pendente lite order dated September 21, 2010.
ORDERED that the order is affirmed, with costs.
Contrary to the plaintiff's contention, the Supreme Court properly determined, without conducting a hearing, that his acknowledged failure to comply with certain provisions of the September 21, 2010, pendente lite order was willful, and that an adjudication of contempt was warranted ( see Domestic Relations Law § 245; Lopez v. Ajose, 33 A.D.3d 976, 824 N.Y.S.2d 113; York v. York, 250 A.D.2d 838, 676 N.Y.S.2d 598; Turk v. Turk, 226 A.D.2d 448, 640 N.Y.S.2d 802; Farkas v. Farkas, 209 A.D.2d 316, 618 N.Y.S.2d 787). The plaintiff's allegation that he was unable to meet his pendente lite obligations because of his reduced income was unsubstantiated and thus “insufficient to warrant a hearing” ( Farkas v. Farkas, 209 A.D.2d at 317–318, 618 N.Y.S.2d 787; see Lopez v. Ajose, 33 A.D.3d 976, 824 N.Y.S.2d 113; Ovsanikow v. Ovsanikow, 224 A.D.2d 786, 637 N.Y.S.2d 805; Rosenblitt v. Rosenblitt, 121 A.D.2d 375, 502 N.Y.S.2d 803).
The plaintiff's remaining contentions are without merit.