McGRATH v. McGRATH

2010-04197.

85 A.D.3d 742 (2011)

924 N.Y.S.2d 805

2011 NY Slip Op 5029

JOHN McGRATH, Appellant, v. CHERYL McGRATH, Now Known as CHERYL D'ANGIO, Respondent.

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

Decided June 7, 2011.


Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing on whether the defendant should be punished for civil and/or criminal contempt.

"To prevail on a motion to punish a party for civil contempt, the movant must demonstrate that the party charged with contempt willfully violated a clear and unequivocal mandate of a court's order, with knowledge...

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