STATE OF NEW YORK

SUPREME COURT: COUNTY OF CHAUTAUQUA

___________________________________


WALTER ADAMOWICZ,


Plaintiff,

vs. H-08946


MICHELLE M. (ADAMOWICZ) CHRISTOPHER


Defendant.


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ALLAN L. PAGLIA, ESQ.

Attorney for Plaintiff


SUE M. EVANS, ESQ.

Attorney for Defendant


DECISION AND ORDER



GERACE, J.


The issue at hand in this action is attorney fees for


a July 31st show cause order. Oral argument was held and a


subsequent affidavit received from defendant's attorney


with a statement of account requesting $825.00.


This matter has been heavily litigated with great


acrimony on both sides. It was necessary for defendant's


counsel to bring a show cause order due to plaintiff's


failure to file the judgment of divorce and to follow the


terms of the judgment of divorce.


Although the judgment provided that defendant would


have the children physically with her for half the summer


vacation, plaintiff kept the children with him. Defendant


could not even move to enforce the judgment since it was


never filed. This was despite repeated documented requests


from opposing counsel.


According to counsel's affidavit, defendant came to


her office at least every other weekday from June 2nd to


August 7th for further word of the children. Defendant was


receiving partial compensation benefits at the time and was


without funds for additional attorney fees.


Furthermore, plaintiff was previously ordered to pay


$350 toward the May show cause order of defendant.


Plaintiff does not dispute that it has not been paid.


Therefore it is the Decision and Order of this Court


that plaintiff pay to defendant's attorney the sum of


$1175.00 which includes both the $350 and $825.


If plaintiff can not pay this sum in full within 15


days, he is to make arrangements agreeable to defendant's


counsel to pay this sum over time. The first payment must


be paid within 15 days. If plaintiff does not make the


payments when due, counsel shall be entitled to all


remedies under law including wage garnishment or contempt


and incarceration. The plaintiff has shown a lack of good


faith by not making any effort at all to comply with the


earlier award of the Court.


This is the Decision and Order of this Court. No


further order is necessary.


Dated: October , 1995

Mayville, New York


____________________________

JOSEPH GERACE

Supreme Court Justice


To all Counsel:


Please take notice that a DECISION and ORDER of

which the within is a copy, is duly granted in the above

entitled action on the day of , 1995, and

duly entered in the office of the Clerk of the County of

Chautauqua on the same date.