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IN THE MATTER OF BROWN v. MUDRY

55 A.D.3d 828 (2008)

866 N.Y.S.2d 301

In the Matter of EDWARD L. BROWN, Appellant, v. JENNIFER MUDRY, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 21, 2008.

Ordered that the order is affirmed, without costs or disbursements.

The Family Court properly dismissed, without a hearing, the motion to hold the respondent in civil contempt of an order of visitation. The burden is on the moving party to demonstrate, by clear and convincing evidence, that the accused party violated a clear and unequivocal court order which the accused party knew was in effect, thereby prejudicing a right of another party to the litigation (see...

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