Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05283
Foley v Foley
Read the official decision: 2026 NY Slip Op 05283
Holding The Appellate Division affirmed the lower court’s order holding the defendants in civil contempt for failing to pay a distributive award, as the defendants failed to refute the plaintiff’s showing of noncompliance with a clear and unequivocal mandate. The court declined to consider issues raised on the appeal that could have been raised in a previously dismissed cross-appeal.
The court’s words
the defendants failed to comply with a clear and unequivocal mandate set forth in the stipulation of settlement
2026 NY Slip Op 05283, at the official text
the defendants did not refute this showing or establish an inability to comply with this mandate
2026 NY Slip Op 05283, at the official text
we do not consider any issue raised on a subsequent appeal that was raised, or could have been raised, in an earlier appeal
2026 NY Slip Op 05283, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05283 |
| Area of law | Family Law |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05283 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 486 |
Recommended citation
ESQ HQ, New York Law Watch, Foley v Foley, 2026 NY Slip Op 05283 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05283/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch works