IN RE: Timothy SHOCKOME (2006)

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Dutchess County (Amodeo, J.), dated May 5, 2005, which found her guilty of criminal contempt.

ORDERED that the appeal is dismissed, without costs or disbursements.

Where, as here, the purported contempt was committed within the immediate view and presence of the court and was punished summarily (see Judiciary Law § 750, 752;  22 NYCRR 701.2), review must be had under CPLR article 78 and not by way of direct appeal (see Judiciary Law § 755;  Matter of Ellman, 117 A.D.2d 803, 499 N.Y.S.2d 431;  People v. Longo, 30 A.D.2d 828, 293 N.Y.S.2d 704;  People v. Epps, 21 A.D.2d 650, 249 N.Y.S.2d 639, cert. denied 379 U.S. 940, 85 S.Ct. 347, 13 L.Ed.2d 350).   Moreover, because this matter involves a Family Court Judge, this court is without original jurisdiction to entertain it as a CPLR article 78 proceeding (see Matter of Nolan v. Lungen, 61 N.Y.2d 788, 473 N.Y.S.2d 388, 461 N.E.2d 874;  Matter of O'Connell v. Taddeo, 174 Misc.2d 110, 112, 662 N.Y.S.2d 722;  CPLR 506 [b] [1] ).

Accordingly, the appeal must be dismissed.