Bickwid v. Deutsch, 662 N.E.2d 250 (NY 1995). · Go Syfert
Bickwid v. Deutsch, 662 N.E.2d 250 (NY 1995). Cases Citing This Book View Copy Cite
89 citation events (75 in the last 25 years) across 3 distinct courts.
Strongest positive: Matter of Keith II. v. Laurie II. (nyappdiv, 2019-11-21)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 45 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Keith II. v. Laurie II.
N.Y. App. Div. · 2019 · confidence medium
Initially, contrary to the father's contention, the appeal is not moot inasmuch as a finding of a willful violation "may have 'enduring consequences' with regard to future custody and visitation matters" ( Matter of Guild v Clifford , 109 AD3d 1053 , 1053 [2013], lv dismissed 22 NY3d 1098 [2014], quoting Matter of Bickwid v Deutsch , 87 NY2d 862, 863 [1995]).
discussed Cited as authority (rule) Matter of Green v. Lafler
N.Y. App. Div. · 2019 · confidence medium
With respect to appeal No. 2, we agree with the father that, although he completed serving the sentence of incarceration, his appeal is not moot with respect to the finding that he willfully violated a prior child support order because of the " enduring consequences [that] potentially flow from an order adjudicating a party in civil contempt' " ( Matter of Jasco v Alvira , 107 AD3d 1460 , 1460 [4th Dept 2013], quoting Matter of Bickwid v Deutsch , 87 NY2d 862, 863 [1995]; see Matter of Christine L.M. v Wlodek K. , 45 AD3d 1452, 1452 [4th Dept 2007]).
discussed Cited as authority (rule) Matter of Jordan v. Reed
N.Y. App. Div. · 2019 · confidence medium
Initially, we agree with the father that, although he has completed serving the term of six months in jail, the appeal is not moot because of the "enduring consequences [that] potentially flow from an order adjudicating a party in civil contempt" ( Matter of Bickwid v Deutsch , 87 NY2d 862, 863 [1995]; see Matter of Jasco v Alvira , 107 AD3d 1460, 1460 [4th Dept 2013]; cf. Matter of McGrath v Healey , 158 AD3d 1069 , 1069-1070 [4th Dept 2018]).
cited Cited as authority (rule) Matter of McGrath v. Healey
N.Y. App. Div. · 2018 · signal: cf. · confidence medium
Servs. , 24 AD3d at 1050; cf. Matter of Bickwid v Deutsch , 87 NY2d 862, 863 [1995]).
discussed Cited as authority (rule) Matter of Elizabeth C. (Omar C.)
N.Y. App. Div. · 2017 · confidence medium
Conduct v Rubenstein, 23 NY3d at 576-578 [enduring adverse reputa-tional consequences from resolved disciplinary proceeding]; Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995] [potential enduring consequences from civil contempt order where sentence had been completed]; Matter of Williams v Cornelius, 76 NY2d 542, 546 [1990] [lasting consequences from criminal contempt adjudication despite service of sentence]).
cited Cited as authority (rule) Matter of Powell v. Mount St. Mary Coll.
N.Y. App. Div. · 2016 · confidence medium
Conduct v Rubenstein, 23 NY3d at 576 ; Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]).
discussed Cited as authority (rule) Matter of Pace v. Douglas
N.Y. App. Div. · 2016 · confidence medium
However, the father’s appeal from so much of the order of commitment as, in effect, confirmed the finding that he was in willful violation of the support order is not academic because there are enduring consequences which might flow from that finding (see Matter of *531 Bickwid v Deutsch, 87 NY2d 862, 863 [1995]; Matter of Dezil v Garlick, 136 AD3d at 905 ).
discussed Cited as authority (rule) The Matter of Tonawanda Seneca Nation v. Hon. Robert C. Noonan
NY · 2016 · confidence medium
Order affirmed, with costs. * We reject the arguments that the matter is moot because we agree with the Nation that “enduring consequences potentially flow” from Judge Noonan’s orders (Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]).
discussed Cited as authority (rule) Cutroneo v. Cutroneo
N.Y. App. Div. · 2016 · signal: cf. · confidence medium
Corp. v Wolkoff, 209 AD2d 469 [1994]; cf. Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]). *1008 In matrimonial actions, Domestic Relations Law § 245 grants the court authority to punish a party for civil contempt pursuant to Judiciary Law § 756 where the party defaults “in paying any sum of money” required by a judgment or order, “and it appears presumptively, to the satisfaction of the court, that payment cannot be enforced” pursuant to the enforcement mechanisms provided in Domestic Relations Law §§ 243 and 244 and CPLR 5241 and 5242 (see Rhodes v Rhodes, 137 AD3d 890, 891…
cited Cited as authority (rule) Ontario County Support Collection Unit ex rel. Popple v. Falconer
N.Y. App. Div. · 2015 · signal: cf. · confidence medium
Lawrence County Dept. of Social Servs. v Pratt, 24 AD3d 1050 , 1050 [2005], lv denied 6 NY3d 713 [2006]; cf. Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]).
cited Cited as authority (rule) Ontario County Support Collection Unit ex rel. Popple v. Falconer
N.Y. App. Div. · 2015 · signal: cf. · confidence medium
Lawrence County Dept. of Social Servs. v Pratt, 24 AD3d 1050 , 1050 [2005], lv denied 6 NY3d 713 [2006]; cf. Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]).
discussed Cited as authority (rule) In re Andrew B.
N.Y. App. Div. · 2015 · confidence medium
“Inasmuch as enduring consequences potentially flow from an order adjudicating a party in civil contempt,” we conclude that the appeal is not moot despite the fact that petitioner is not presently under an order to place respondent in foster care (Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]; see Matter of Jasco v Alvira, 107 AD3d 1460, 1460 [2013]).
discussed Cited as authority (rule) In re Andrew B.
N.Y. App. Div. · 2015 · confidence medium
“Inasmuch as enduring consequences potentially flow from an order adjudicating a party in civil contempt,” we conclude that the appeal is not moot despite the fact that petitioner is not presently under an order to place respondent in foster care (Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]; see Matter of Jasco v Alvira, 107 AD3d 1460, 1460 [2013]).
discussed Cited as authority (rule) In the Matter of Veronica P. v. Radcliff A. (2×)
NY · 2015 · confidence medium
The ability of an appellate decision to directly and immediately impact the parties’ rights and interests is among the most important aspects of the mootness analysis, for otherwise the analysis might turn on inchoate or speculative matters, making mootness an unwieldy doctrine of a thousand “what ifs.” On the other hand, even where the resolution of an appeal may not immediately relieve a party from a currently ongoing court-ordered penalty or obligation to pay a judgment, the appeal is not moot if an appellate decision will eliminate readily ascertainable and legally significant enduri…
discussed Cited as authority (rule) New York State Commission on Judicial Conduct v. Rubenstein
NY · 2014 · confidence medium
Where the case presents a live controversy and enduring consequences potentially flow from the order appealed from, the appeal is not moot (see Saratoga County Chamber of Commerce v Pataki, 100 NY2d 801, 810 [2003] [“The jurisdiction of this Court extends only to live controversies”]; Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995] [holding an appeal from a civil contempt order for which the appellant had already served his sentence was not moot, “(i)nasmuch as enduring consequences potentially flow(ed)” from the order]; Matter of Williams v Cornelius, 76 NY2d 542, 546 [1990] [con…
discussed Cited as authority (rule) Guild v. Clifford
N.Y. App. Div. · 2013 · confidence medium
Initially, we note that the father’s appeal from the finding of willful violation is not moot, as such a finding may have “enduring consequences” with regard to future custody and visitation matters (Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]; see Matter of Destiny F. [Angela F.], 85 AD3d 1229, 1229 [2011], lv dismissed 17 NY3d 854 [2011]; Matter of Ashley E. [Mark E.], 68 AD3d 1185, 1186 [2009]).
discussed Cited as authority (rule) Guild v. Clifford
N.Y. App. Div. · 2013 · confidence medium
Initially, we note that the father’s appeal from the finding of willful violation is not moot, as such a finding may have “enduring consequences” with regard to future custody and visitation matters (Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]; see Matter of Destiny F. [Angela F.], 85 AD3d 1229, 1229 [2011], lv dismissed 17 NY3d 854 [2011]; Matter of Ashley E. [Mark E.], 68 AD3d 1185, 1186 [2009]).
discussed Cited as authority (rule) Jasco v. Alvira
N.Y. App. Div. · 2013 · confidence medium
Initially, we agree with the father that, although he has completed serving the sentence of incarceration, the appeal is not moot because of the “enduring consequences [that] potentially flow from an order adjudicating a party in civil contempt” (Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]; see Matter of Storelli v Storelli, 101 AD3d 1787, 1788 [2012]).
discussed Cited as authority (rule) Jasco v. Alvira
N.Y. App. Div. · 2013 · confidence medium
Initially, we agree with the father that, although he has completed serving the sentence of incarceration, the appeal is not moot because of the “enduring consequences [that] potentially flow from an order adjudicating a party in civil contempt” (Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]; see Matter of Storelli v Storelli, 101 AD3d 1787, 1788 [2012]).
discussed Cited as authority (rule) Storelli v. Storelli
N.Y. App. Div. · 2012 · confidence medium
“Inasmuch as enduring consequences potentially flow from an order adjudicating a party in civil contempt, an appeal from that order is not rendered moot simply because the resulting prison sentence has already been served” (Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]).
discussed Cited as authority (rule) Storelli v. Storelli
N.Y. App. Div. · 2012 · confidence medium
“Inasmuch as enduring consequences potentially flow from an order adjudicating a party in civil contempt, an appeal from that order is not rendered moot simply because the resulting prison sentence has already been served” (Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]).
discussed Cited as authority (rule) Jelks v. Wright
N.Y. App. Div. · 2012 · confidence medium
We note in addition that the appeal is not moot merely because respondent paid the arrears and no further sanction was imposed. “[E]nduring consequences potentially flow from an order” determining that an individual willfully failed to obey a prior order (Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]).
discussed Cited as authority (rule) Jelks v. Wright
N.Y. App. Div. · 2012 · confidence medium
We note in addition that the appeal is not moot merely because respondent paid the arrears and no further sanction was imposed. “[E]nduring consequences potentially flow from an order” determining that an individual willfully failed to obey a prior order (Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]).
discussed Cited as authority (rule) In re Jatie P.
N.Y. App. Div. · 2011 · confidence medium
However, in light of the “enduring consequences [that] potentially flow from a finding that [he] failed to abide by a prior court order” (id. [internal quotation marks and citations omitted]), the balance of respondent’s respective appeals is properly before us (see Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]; Matter of Loomis v Yu-Jen G., 81 AD3d 1083, 1084 [2011]; Matter of Telsa Z. [Rickey Z.], 75 AD3d 776 , 777 n [2010]).
discussed Cited as authority (rule) In re Justin CC.
N.Y. App. Div. · 2011 · confidence medium
Contrary to the father’s arguments, an expired order of protection does not carry with it the same type of enduring consequences as an order of contempt and, accordingly, we find no exception to the mootness doctrine here (cf. Matter of Bickwid v Deutsch, 87 NY2d 862, 863-864 [1995]; Matter of Loomis v Yu-Jen G., 81 AD3d 1083, 1084 [2011]).
discussed Cited as authority (rule) In re Destiny F.
N.Y. App. Div. · 2011 · confidence medium
However, her challenge to the underlying determination “is not moot because ‘enduring consequences potentially flow’ from a finding that a person failed to abide by a prior court order” (Matter of Loomis v Yu-Jen G., 81 AD3d 1083, 1084 [2011], quoting Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]).
discussed Cited as authority (rule) Loomis v. Yu-Jen G.
N.Y. App. Div. · 2011 · confidence medium
Despite respondent having already served his term of incarceration, the matter is not moot because “enduring consequences potentially flow” from a finding that a person failed to abide by a prior court order (Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]; see Matter of Telsa Z. [Rickey Z.], 75 AD3d 776 , 777 n [2010]).
discussed Cited as authority (rule) In re Telsa Z.
N.Y. App. Div. · 2010 · confidence medium
Given the enduring consequences from the finding of willful violations of Family Court orders, the issues raised are not rendered academic because the jail sentence has been served (see Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]).
discussed Cited as authority (rule) McD. v. Timothy E.D.
N.Y. App. Div. · 2009 · confidence medium
We reach the father’s contention that he was deprived of his right to counsel at the hearing that resulted in the issuance of the order of commitment, even though the father’s jail term has ended (see Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]; Matter of Michelle F.F. v Edward J.F., 50 AD3d 348, 349 [2008], lv denied 11 NY3d 708 [2008]).
discussed Cited as authority (rule) Paula A. v. Jose A.
N.Y. App. Div. · 2009 · confidence medium
“Inasmuch as enduring consequences potentially flow from an order adjudicating a party in civil contempt, an appeal from that order is not rendered moot simply because the resulting prison sentence has already been served” (Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]).
discussed Cited as authority (rule) In re Brittny MM.
N.Y. App. Div. · 2008 · confidence medium
Initially, we note that, although respondent’s placement was terminated after this appeal was filed, effective February 1, 2008, this appeal is not moot because Family Court’s finding that respondent violated the terms and conditions of her probation, and the resulting order of placement, may have collateral legal consequences (see Family Ct Act § 783; Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]; Matter of Shannon F., 276 AD2d 847 , 848 [2000]; Matter of Reed v Reed, 240 AD2d 951, 952 [1997]; Matter of Tabitha LL., 216 AD2d 651 , 653 [1995], affd 87 NY2d 1009 [1996]).
discussed Cited as authority (rule) Michelle F.F. v. Edward J.F.
N.Y. App. Div. · 2008 · confidence medium
We reach this argument even though the father’s jail term has ended (see Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]; Matter of Moore v Blank, 8 AD3d 1090, 1091 [2004], lv denied 3 NY3d 606 [2004]), and where he failed to preserve the argument (see Matter of Stagnar v Stagnar, 98 AD2d 983, 984 [1983]).
discussed Cited as authority (rule) Christine L.M. v. Wlodek K.
N.Y. App. Div. · 2007 · confidence medium
Although his appeal is not moot merely because he has served his sentence (see Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]; Matter of Moore v Blank, 8 AD3d 1090, 1091 [2004], lv denied 3 NY3d 606 [2004]), we nevertheless conclude that it lacks merit.
discussed Cited as authority (rule) St. Lawrence County Department of Social Services v. Pratt
N.Y. App. Div. · 2005 · confidence medium
To the extent that respondent claims that this matter is not moot because “a finding of contempt [and willful violation] may have significant collateral consequences” for him, we note simply that he did not appeal from the September 2003 order finding him in willful violation of child support (cf. Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]; Matter of Moore v Blank, 8 AD3d 1090, 1090-1091 [2004] , lv denied 3 NY3d 606 [2004]) and therefore this issue is not properly before us (see Matter of Sales v Brozzo, supra at 807-808; Matter of Dauria v Dauria, 286 AD2d 879, 880 [2001]).
discussed Cited as authority (rule) Moore v. Blank
N.Y. App. Div. · 2004 · confidence medium
As a preliminary matter, we note that the appeal is not moot merely because respondent has served his sentence (see Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]; Matter of France v Buck, 299 AD2d 716 [2002]; Michael N.G. v Elsa R., 233 AD2d 264, 265 [1996]).
discussed Cited as authority (rule) Hold v. Hold
N.Y. App. Div. · 2004 · confidence medium
Contrary to the mother’s contention, the father’s appeal has not been rendered academic by his alleged payment of child support arrears “[i]nasmuch as enduring consequences potentially flow from [the] order adjudicating [him] in civil contempt” (Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]; see Brill v Brill, 288 AD2d 335 [2001]; Matter of Stone v Stone, 236 AD2d 615 [1997]).
discussed Cited as authority (rule) Reed v. Reed
N.Y. App. Div. · 1997 · confidence medium
A finding of contempt may have significant collateral consequences warranting appellate review (see, Matter of Bickwid v Deutsch, 87 NY2d 862, 863; see also, Matter of Williams v Cornelius, 76 NY2d 542, 546 ).
discussed Cited "see" Verbridge v. Deol
N.Y. App. Div. · 2026 · signal: see · confidence high
Additionally, while a principal who retains an independent contractor may be held directly liable for, inter alia, the principal's own negligence in "supervising the contractor" ( Kleeman , 81 NY2d at 274), such a claim requires that the [*2] principal actually exercised supervision over the contractor inasmuch as "the mere retention of general supervisory powers over an independent contractor cannot form a basis for the imposition of [direct] liability against the principal" ( Wendt v Bent Pyramid Prods. , LLC , 108 AD3d 1032, 1033 [4th Dept 2013] [internal quotation marks omitted]; see Chain…
discussed Cited "see" Malfetano v. Parker
N.Y. App. Div. · 2004 · signal: see · confidence high
Although the order of protection in favor of two of the appellant mother’s children has expired, “in light of the enduring consequences which may potentially flow from an adjudication that a party has committed a family offense . . . this appeal is not academic” (Matter of Cutrone v Cutrone, 225 AD2d 767, 768 [1996]; see Matter of Bickwid v Deutsch, 87 NY2d 862 [1995]; Matter of Grossman v Grossman, 238 AD2d 339 [1997]).
discussed Cited "see" Charlene J.R. v. Walter A.M.
N.Y. App. Div. · 2003 · signal: see · confidence high
Although the order of protection in favor, of Charlene J.R., Devonte M., and George W. has expired, “in light of the enduring consequences which may potentially flow from an adjudication that a party has committed a family offense * * * this appeal is not academic” (Matter of Cutrone v Cutrone, 225 AD2d 767, 768 [1996]; see Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]; Matter of Grossman v Grossman, 238 AD2d 339 [1997]).
cited Cited "see, e.g." Seale v. Seale
N.Y. App. Div. · 2017 · signal: compare · confidence medium
Mary Coll., 142 AD3d 1082, 1083 [2016]; compare Matter of Bickwid v Deutsch, 87 NY2d 862, 863-864 [1995]).
discussed Cited "see, e.g." In re Ashley E.
N.Y. App. Div. · 2009 · signal: see also · confidence medium
If such a proceeding were brought, a finding that respondent had deliberately violated a court order involving the placement of his children would be obviously relevant and have adverse consequences for respondent’s position in such a proceeding (see Matter of Andrew L., 64 AD3d 915, 917 [2009]; Matter of Er-Mei Y., 29 AD3d 1013, 1013 [2006]; see also Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]).
discussed Cited "see, e.g." Mayorca-Piccolo v. Piccolo
N.Y. App. Div. · 2007 · signal: compare · confidence medium
We are also not persuaded that petitioner might suffer some type of permanent stigma as a result of the order since Family Court never adjudged that she committed a family offense (see Matter of Schreiber v Schreiber, supra; compare Matter of Bickwid v Deutsch, 87 NY2d 862, 863 [1995]; Matter of Williams v Cornelius, 76 NY2d 542, 546 [1990]; Matter of Wissink v Wissink, 13 AD3d 461, 462 [2004]).
discussed Cited "see, e.g." Wissink v. Wissink
N.Y. App. Div. · 2004 · signal: see also · confidence low
Although the order of protection has expired, in light of the enduring consequences which may potentially flow from an adjudication that a party has committed a family offense, this appeal is not academic (see Matter of Cutrone v Cutrone, 225 AD2d 767 [1996]; Matter of Charlene J.R. v Walter A.M., 307 AD2d 1038 [2003]; see also Matter of Bickwid v Deutsch, 87 NY2d 862 [1995]; Matter of Williams v Cornelius, 76 NY2d 542 [1990]).
discussed Cited "see, e.g." Platsky v. Platsky
N.Y. App. Div. · 1997 · signal: see also · confidence low
Contrary to the petitioner’s argument, the Family Court’s determination that the appellant committed family offenses is not academic merely because the order of protection has expired (see, Matter of Cutrone v Cutrone, 225 AD2d 767 ; see also, Matter of Bickwid v Deutsch, 87 NY2d 862 ).
Retrieving the full opinion text from the archive…
In the Matter of Audrey Bickwid
v.
Steven H. Deutsch
New York Court of Appeals.
Dec 21, 1995.
662 N.E.2d 250
APPEARANCES OF COUNSEL, Schapiro & Reich, Lindenhurst (Perry S. Reich, Steven M. Schapiro and Wilma Kerner Miller, of counsel), for appellant., Respondent, precluded.
Cited by 85 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the proceeding remitted to the Appellate Division for a determination on the merits.

Appellant, an accountant and expert witness by profession, and his wife were married in 1966 and have four children. In 1985, appellant and his wife were divorced and appellant agreed to pay child support of $1,000 per month. In 1989, appellant applied for a downward modification in child support on the ground that one of his children had turned 21 and another was living with him. Appellant’s former wife, in turn, cross-moved for an upward modification. Appellant’s former wife prevailed and appellant was ordered to pay $47,000 in arrears. Appellant apparently paid approximately half that amount, but claimed inability to pay the remainder.

In July 1992 appellant’s former wife commenced a contempt proceeding in Family Court as a result of appellant’s failure to pay in full. Family Court adjudicated appellant in contempt and appellant was sentenced to 48 days in jail which he served. In the meantime, appellant had successfully appealed from the upward modification which was reversed by the Appellate Division in December 1993 (199 AD2d 1087). Appellant now seeks to appeal the contempt adjudication.

Inasmuch as enduring consequences potentially flow from an order adjudicating a party in civil contempt, an appeal from that order is not rendered moot simply because the resulting prison sentence has already been served (Matter of Williams v Cornelius, 76 NY2d 542). Though civil contempt does not have the same harsh consequences as the summary criminal contempt adjudication at issue in Williams, many of the policy concerns that motivated our decision there are applicable here {id., at 546-547). In fact, given appellant’s occasional engagement as a forensic accountant and expert witness, "the[*864] adjudication could no doubt be used to attack [his] credibility * * * in a court of law” (id., at 546) thus jeopardizing his professional reputation and means of earning a living.

Contrary to appellant’s urging, however, we do not reach the merits of his arguments as to the impropriety of the civil contempt adjudication (see, Family Ct Act §§ 453-455). In Williams, we rejected a similar request in order to give both parties an "opportunity to answer on the merits” (id., at 547).

Chief Judge Kaye and Judges Simons, Bellacosa, Smith, Levine and Ciparick concur; Judge Titone taking no part.

Order reversed, with costs, and matter remitted to the Appellate Division, Second Department, for further proceedings in accordance with the memorandum herein.