Majority
Orders, Family Court, Bronx County (Llinet M. Rosado, J.), entered on or about October 9, 2014, which dismissed, without prejudice, the father’s petition for an enforcement of an order of custody, and denied, without prejudice, his motion seeking, inter alia, an order directing that mental health consultants be involved in a child custody evaluation, unanimously affirmed, without costs.
Family Court properly dismissed the father’s enforcement petition since he failed to comply with a prior court order requiring him to obtain prior written authorization from the court before filing any further proceedings in order to prevent him from engaging in further vexatious litigation (see Matter of Pignataro v Davis, 8 AD3d 487 , 489 [2d Dept 2004]; Sassower v Signorelli, 99 AD2d 358 , 359 [2d Dept 1984]). The father did not appeal from that order, which was reaffirmed by the court three years later, and which he acknowledged on the record.
The court providently exercised its discretion in denying the father’s motion seeking a mental or forensic evaluation of the mother without a hearing, as he presented no basis for ordering such an evaluation or for modifying the final order of
We have considered the father’s remaining arguments and find them unavailing.
Concur—Tom, J.R, Sweeny, ManzanetDaniels, Gische and Gesmer, JJ.
Cases cited
- Pignataro v. Davis 8 AD3d 487 at 489 p. 713
- Sassower v. Signorelli 99 AD2d 358 at 359 p. 713
- James Joseph M. v. Rosana R. 32 AD3d 725 at 727 p. 714
- Marianne R. v. Otsego County Department of Social Services 18 AD3d 984 at 986 p. 714
- Alfredo J.T. v. Jodi D. 120 AD3d 1138 p. 714