Legal Opinion
Matter of Fitzgerald
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 2016No. 2014-08829PublishedCited by 2 opinions
1Opinion of the Court
In a proceeding pursuant to SCPA 606 and 607 to hold Anthony Rahmanan in civil contempt, Anthony Rahmanan appeals from an order of the Surrogate’s Court, Westchester County (Scarpino, Jr., S.), dated August 21, 2014, which granted the petitioner’s motion for summary judgment on the petition.
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…
2Cases cited6 opinions
- El-Dehdan v. El-DehdanNew York Court of Appeals · 2015
- Bowie v. BowieAppellate Division of the Supreme Court of the State of New York · 1992
- Farkas v. FarkasAppellate Division of the Supreme Court of the State of New York · 1994
- Ovsanikow v. OvsanikowAppellate Division of the Supreme Court of the State of New York · 1996
- Mollah v. MollahAppellate Division of the Supreme Court of the State of New York · 2016
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3Cited by2 opinions
- Matter of Banks v. StanfordAppellate Division of the Supreme Court of the State of New York · 2018
- Matter of Mendoza-Pautrat v. RazdanAppellate Division of the Supreme Court of the State of New York · 2018