Ellsworth v. Ellsworth, 86 A.D.2d 919 (N.Y. App. Div. 1982). · Go Syfert
Ellsworth v. Ellsworth, 86 A.D.2d 919 (N.Y. App. Div. 1982). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Strongest positive: Antonio EE. v. Schoharie County Department of Social Services (nyappdiv, 2006-06-08)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) Antonio EE. v. Schoharie County Department of Social Services
N.Y. App. Div. · 2006 · confidence medium
As respondent’s actions in terminating the visits based on petitioner’s conduct and providing less than a full hour at each visit did not violate the order then in effect, respondent could not be found in contempt (see Matter of Edward S. v Kelly S., 18 AD3d 976, 977 [2005]; Matter of Ellsworth v Ellsworth, 86 AD2d 919, 920 [1982]).
Retrieving the full opinion text from the archive…
In the Matter of Steven F. Ellsworth
v.
Diane M. Ellsworth
Appellate Division of the Supreme Court of the State of New York.
Feb 18, 1982.
86 A.D.2d 919
1982 N.Y. App. Div. LEXIS 15598
Cited by 1 opinion  |  Published

Appeal from an order of the Family Court of Ulster County (Elwyn, J.), entered November 12, 1980, which found respondent guilty of contempt. Petitioner commenced this proceeding, pursuant to section 756 of the Judiciary Law, seeking an order punishing respondent for contempt. Specifically, petitioner alleged that respondent violated an order of Family Court, dated May 4, 1979, which accorded petitioner certain visitation rights with a minor child in respondent’s custody. Family Court found respondent in contempt and this appeal ensued. Respondent does not deny her noncompliance with Family Court’s order. Rather, she contends that the parties’ separa[*920] tion agreement, which antedated Family Court’s order and was incorporated in a judgment of divorce entered on April 18, 1980, is controlling. We agree. Subdivision (b) of section 447 of the Family Court Act provides that: “Any order of the family court under this section shall terminate when the supreme court makes an order of custody or visitation concerning the children, unless the supreme court continues the order of the family court.” In the instant case, the Supreme Court judgment of divorce specifically incorporated the parties’ separation agreement. Accordingly, the provisions of the separation agreement, which provide for visitation rights less liberal than those accorded petitioner by Family Court, superseded Family Court’s order. The instant contempt order must, therefore, be reversed. Order reversed, on the law, and petition dismissed, without costs. Sweeney, J. P., Kane, Yesawich, Jr., and Levine, JJ., concur.