Misakyan v. Misakyan

Mikoll, J. (dissenting).

I respectfully dissent. The actions of plaintiff constitute a violation of the court’s order which provided defendant with access to the marital abode for the purpose of removing her jewelry.

In order to find contempt, it must appear with reasonable certainty that a lawful order of the court, which clearly expresses an unequivocal mandate, has been disobeyed (Matter of McCormick v Axelrod, 59 NY2d 574, 583). The evidence *898before Special Term met the standard of proof required in such a case, that is, proof by "clear and convincing evidence” (Bulow v Bulow, 121 AD2d 423,…