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Schechter v. Schechter

63 A.D.3d 817, 881 N.Y.S.2d 151 (2009)

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Schechter v. Schechter

New York Supreme Court, Appellate Division
63 A.D.3d 817, 881 N.Y.S.2d 151 (2009)

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Facts

Wendy Zehava Schechter (defendant) and David Schechter (plaintiff) agreed to arbitrate all marital issues between them before the Bais Din, a rabbinical arbitration tribunal. The Bais Din wrote a decision, awarding the parties joint custody of the couple’s 14-year-old daughter. David moved to confirm the arbitration agreement before the Supreme Court of Nassau County, the appropriate trial court. Wendy consented to the trial court confirming the award with certain exceptions. Wendy also sought sole legal custody of the couple’s daughter rather than joint custody, requesting that the trial court ascertain the daughter’s wishes. Wendy also sought to hold David in contempt due to his failure to comply with “so-ordered” stipulations. On April 1, 2008, the trial court granted David’s motion, confirming the decision by the Bais Din to award the parties joint custody and visitation of their daughter and refusing to hold David in contempt. On June 25, 2008, the trial court entered a judgment, awarding Wendy and David custody of and visitation with their daughter. Wendy appealed the trial court orders.

Rule of Law

Issue

Holding and Reasoning (Skelos, J.)

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