Kuenen v. Kuenen

— Order unanimously reversed, on the law, without costs, and petition dismissed. Memorandum: The record does not support Family Court’s imposition of a five-day jail term for contempt based upon a willful violation of an order of protection, where the gravamen of the charge is that respondent removed items of personal property from the marital residence. Contempt should not be granted unless the order violated is clear and explicit and unless the act complained of is clearly proscribed (Pereira v Pereira, 35 NY2d 301, 308; Suchomski v Suchomski, 73 AD2d 1038). It is uncontroverted that…