Appellate Division of the Supreme Court of New York, 2000

Felcher v. Schiller

Felcher v. Schiller
Appellate Division of the Supreme Court of New York · Decided February 22, 2000
269 A.D.2d 490; 703 N.Y.S.2d 733; 2000 N.Y. App. Div. LEXIS 1973
Felcher v. Schiller

Opinion of the Court

—In a proceeding pursuant to CPLR article 52 to enforce a money judgment, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Joseph, J.), dated March 19, 1999, as denied his motion to adjudge the defendant in contempt of court for his willful violation of a restraining notice issued pursuant to CPLR 5222, and granted that branch of the defendant’s cross motion which was, in effect, to vacate the restraining notice.

Ordered that order is affirmed insofar as appealed from, with costs.

The plaintiffs restraining notice failed to comply with the requirements set forth in CPLR 5222 (a). Accordingly, the *491Supreme Court properly denied his motion to adjudge the defendant in contempt of court for his willful violation of the notice.

The plaintiffs remaining contention is without merit. O’Brien, J. P., Altman, Friedmann, McGinity and Smith, JJ., concur.

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