STATE OF NEW YORK
SUPREME COURT: COUNTY OF CHAUTAUQUA
MICHELLE M. (ADAMOWICZ) CHRISTOPHER
ALLAN L. PAGLIA, ESQ.
Attorney for Plaintiff
SUE M. EVANS, ESQ.
Attorney for Defendant
DECISION AND ORDER
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
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.