Gould v. Kontogiorge


Gould v Kontogiorge (2023 NY Slip Op 02824) Gould v Kontogiorge 2023 NY Slip Op 02824 Decided on May 25, 2023 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided and Entered: May 25, 2023 Before: Manzanet-Daniels, J.P., Singh, Moulton, Shulman, Higgitt, JJ. Index No. 305106/18 Appeal No. 328-329-330 Case No. 2022-01846 2022-01768 2022-04687 [*1]Christopher Gould, Plaintiff-Respondent, vGeorgia Kontogiorge, Defendant-Appellant. Law Office of Deana Balahtsis, New York (Deana Balahtsis of counsel), for appellant. Newman Law Group P.C., New York (Louis I. Newman of counsel), for respondent. Order, Supreme Court, New York County (Kelly O'Neill Levy, J.), entered on or about February 18, 2022, which directed defendant mother to reimburse plaintiff father, by April 1, 2022, $1,900 for payments made to visitation supervisors through September 30, 2021, and, upon final resolution of this matter, to pay $4,687.90 for his and the child's travel costs to New York from Cyprus (February 18, 2022 order), unanimously modified, on the facts, to the extent of vacating that part of the order requiring the mother to reimburse the father $1,900 for payments made to visitation supervisors through September 30, 2021, and otherwise affirmed, without costs. Order, same court and Justice, entered on or about April 18, 2022, which, to the extent appealed from as limited by the briefs, denied defendant mother's CPLR 5015(a)(4) motion to vacate an order of Family Court, New York County, entered on or about May 7, 2018, granting the father sole custody of the subject child (custody order) on the mother's default, limited the evidence of domestic violence the mother may seek to introduce at the forthcoming custody trial to evidence of any incidents that have occurred since the conclusion of the parties' Hague Convention proceedings in Cyprus, and denied the mother's motion for an order of protection (April 21, 2022 order), unanimously modified, on the law, to the extent of vacating that part of the order limiting the proof of domestic violence the mother may seek to introduce at the custody trial to post-Hague Convention proceeding incidents, and otherwise affirmed, without costs. Order, same court and Justice, entered August 15, 2022, which granted the father's cross-motion to produce, to the extent not previously provided, unredacted documentary evidence as to the mother's immigration status, an unredacted copy of the January 18, 2022 letter from the Permanent Mission of the Republic of Cyprus to the United Nations with regard to payments made on her behalf, and documentation with regard to all donations she received from the Cypriot community and all payments made on her behalf to her present and prior counsel, to Attorney for the child (AFC), to forensic evaluator Dr. Adam Bloom, to any expert or professional witnesses retained on her behalf, and payments made on her behalf to any other third person or entity (August 15, 2022 order), unanimously affirmed, without costs. The motion court should …

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