Pappas v. Pappas

Appeal from an order of the Supreme Court, Nassau County (Hope Schwartz Zimmerman, J.), dated May 13, 2013. The order, insofar as appealed from, denied the defendant’s motion to refer the plaintiff to the District Attorney on the basis of her alleged perjurious sworn testimony.

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

Contrary to the defendant’s contention, the Supreme Court did not improvidently exercise its discretion in denying his motion to refer the plaintiff to the District Attorney based on her allegedly perjurious sworn testimony (see Stow v Stow, 262 AD2d 550, 551 [1999]; Matter of Carroll v Gammerman, 193 AD2d 202, 206 [1993]). Rivera, J.P., Dillon, Chambers and LaSalle, JJ., concur.