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Cangro v. Cangro

Citations: 244 A.D.2d 310; 665 N.Y.S.2d 321; 1997 N.Y. App. Div. LEXIS 10993

Court: Appellate Division of the Supreme Court of the State of New York; November 2, 1997; New York; State Appellate Court

Narrative Opinion Summary

In a divorce and ancillary relief case, the plaintiff appealed a May 24, 1996 order from the Supreme Court, Richmond County, which found her in contempt for not complying with orders related to a fee dispute with her former attorney, Barbara Bevando Sobal, and imposed a $1,500 cost against her. The contempt ruling followed hearings on May 20 and 21, 1996. The appeal was dismissed due to the plaintiff's failure to order and settle a transcript of the hearing, as required by CPLR 5525(a). The justices, O’Brien, Thompson, Santucci, and McGinity, concurred in the decision, with no costs or disbursements awarded.

Legal Issues Addressed

Contempt of Court for Non-Compliance with Orders

Application: The plaintiff was found in contempt for failing to comply with court orders related to a fee dispute with her former attorney, resulting in a financial penalty.

Reasoning: The plaintiff appealed a May 24, 1996 order from the Supreme Court, Richmond County, which found her in contempt for not complying with orders related to a fee dispute with her former attorney, Barbara Bevando Sobal, and imposed a $1,500 cost against her.

Dismissal of Appeal for Procedural Non-Compliance

Application: The plaintiff's appeal was dismissed because she failed to order and settle a transcript of the hearing as required by the procedural rules, demonstrating the necessity of adherence to procedural requirements in appellate practice.

Reasoning: The appeal was dismissed due to the plaintiff's failure to order and settle a transcript of the hearing, as required by CPLR 5525(a).