Lackwood v Lackwood

Holding The Appellate Division affirmed the lower court’s decision to grant a civil contempt motion without a hearing because the husband failed to raise a factual dispute regarding his inability to pay. The court also affirmed the denial of the husband’s order to show cause for assignment of counsel, noting that such an order was not appealable as of right and the lower court’s discretion was properly exercised.

The court’s words

The bare conclusory claim of inability [to pay] . . . unsupported by tax returns or other documentation, [is] insufficient to warrant a hearing

2026 NY Slip Op 05730, at the official text

the documentation submitted by the husband's counsel raised no factual dispute "that could not be resolved on the papers alone"

2026 NY Slip Op 05730, at the official text

the court had reviewed and considered the husband's representations about his income, assets, and expenses on the record the day before

2026 NY Slip Op 05730, at the official text