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JOELLE SAVAS, res, v. DANIEL JOSEPH BRUEN, ap

MATTER OF JOELLE SAVAS, res, v. DANIEL JOSEPH BRUEN, ap — (DOCKET NO. O-43-13/13A)Appeal from an order of the Supreme Court, Rockland County (IDV Part) (Victor J. Alfieri, Jr., J.), dated June 17, 2015. The order granted the petition, in effect, to hold the appellant in civil contempt of court for failure to participate in a batterer's education program and pay the costs thereof and to pay $7,500 in attorney's fees to the attorney for the petitioner in monthly installments of $312.50 in accordance with the terms of an order of protection of that court dated December 17, 2014, and directed that the appellant be incarcerated unless he purged himself of his contempt by attending an enrollment interview for the batterer's education program and paying $937.50 to the petitioner's attorney on or before July 17, 2015.

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MATTER OF JOELLE SAVAS, res, v. DANIEL JOSEPH BRUEN, ap — (DOCKET NO. O-43-13/13A)Appeal from an order of the Supreme Court, Rockland County (IDV Part) (Victor J. Alfieri, Jr., J.), dated June 17, 2015. The order granted the petition, in effect, to hold the appellant in civil contempt of court for failure to participate in a batterer’s education program and pay the costs thereof and to pay $7,500 in attorney’s fees to the attorney for the petitioner in monthly installments of $312.50 in accordance with the terms of an order of protection of that court dated December 17, 2014, and directed that the appellant be incarcerated unless he purged himself of his contempt by attending an enrollment interview for the batterer’s education program and paying $937.50 to the petitioner’s attorney on or before July 17, 2015.

ORDERED that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Rockland County, for a hearing to determine whether the appellant had the financial ability to comply with the order of protection.

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