MATTER OF FITZGERALD

File No. 2950/L-81, 2014-08829.

144 A.D.3d 906 (2016)

41 N.Y.S.3d 271

2016 NY Slip Op 07646

In the Matter of CLAIRE S. ALBERTSON FITZGERALD, Deceased. PUBLIC ADMINISTRATOR OF COUNTY OF WESTCHESTER, Respondent; ANTHONY RAHMANAN, Appellant.

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

Decided November 16, 2016.


Ordered that the order is affirmed, with costs.

To find a party in civil contempt of court, the movant must demonstrate, by clear and convincing evidence, (1) that a lawful order of the court was in effect, clearly expressing an unequivocal mandate, (2) the appearance, with reasonable certainty, that the order was disobeyed, (3) that the party to be held in contempt had knowledge of the court's order, and (4) prejudice...

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