Derek Sine v. Kathryn Kosmides

Whether the Court of Appeals of the State of New York (“Court of Appeals”) erred in denying Petitioner’s motion for leave to appeal the decision of the Supreme Court of the State of New York, Appellate Division, 1st Department (the “First Department”) dated November 4, 2021 which affirmed the decision of Supreme Court of the State of New York, County of New York (Judge Tandra L. Dawson) in which Petitioner was denied his 14th Amendment right to due process by the trial court having granted Respondent an award of attorney’s fees against Petitioner where, in addition to their being no finding of willfulness, there was no evidentiary hearing to determine whether Petitioner committed the alleged acts constituting violations of the subject order of protection as alleged by Respondent in her amended petition and/or otherwise in the subject underlying action.

Whether Petitioner was denied his 14th Amendment right to due process by the trial court having granted Respondent an award of attorney’s fees against Petitioner where, in addition to there being no finding of willfulness, there was no evidentiary hearing to determine whether Petitioner committed the alleged acts constituting the alleged violations of the subject order of protection as alleged by Respondent in her amended petition and/or otherwise in the subject underlying action.