Legal Opinion
Muraca v. Meyerowitz
Appellate Division of the Supreme Court of the State of New York
Decided March 18, 2008PublishedCited by 7 opinions
1Opinion of the Court
“An essential element of criminal contempt is willful disobedience” (Dalessio v Kressler, 6 AD3d 57, 66 [2004]). Indeed, *698“[t]o be found guilty of criminal contempt, the contemnor usually must be shown to have violated the order [or judgment] with a higher degree of willfulness than is required in a civil contempt proceeding” (Matter of Department of Envtl. Protection of City of N.Y. v Department of Envtl. Conservation of State of N.Y., 70 NY2d 233, 240 [1987]). Moreover, unlike a civil contempt proceeding, proof of guilt must be established beyond a reasonable doubt in a criminal contempt…
2Cases cited5 opinions
- Department of Environmental Protection v. Department of Environmental ConservationNew York Court of Appeals · 1987
- Dalessio v. KresslerAppellate Division of the Supreme Court of the State of New York · 2004
- N. A. Development Co. v. JonesAppellate Division of the Supreme Court of the State of New York · 1984
- County of Rockland v. Civil Service Employees Ass'nNew York Court of Appeals · 1984
- Ferraro v. FerraroAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by7 opinions
- Rubackin v. RubackinAppellate Division of the Supreme Court of the State of New York · 2009
- Town Board of Town of Southampton v. R.K.B. Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Figueroa-Rolon v. TorresAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of WinogradAppellate Division of the Supreme Court of the State of New York · 2020
- Gomes v. GomesAppellate Division of the Supreme Court of the State of New York · 2013
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