In Re the Estate of Lipsig

Order, Surrogate’s Court, New York County (Rita Mella, S.), entered on or about October 26, 2015, which, to the extent appealed from as limited by the briefs, denied petitioner’s cross motion to hold respondent in contempt, unanimously affirmed, without costs.

Considering all of the facts and circumstances of this case, the court providently exercised its discretion by refusing to hold respondent in contempt (see Matter of Storm, 28 AD2d 290, 292-293 [1st Dept 1967]). “To sustain a civil contempt, a lawful judicial order expressing an unequivocal mandate must have been in effect and disobeyed”…