Evans v. Evans

Order unanimously modified in the exercise of discretion and as modified affirmed with costs to plaintiff in accordance with the following Memorandum: Defendant appeals from an order of Supreme Court that held him in contempt and ordered him incarcerated for four days, based on his violation of a prior custody order. He contends that the order to show cause was defective because it did not specify whether the alleged offense constituted civil or criminal contempt. The defect in the order to show cause is not fatal because the ultimate determination whether the alleged offense constitutes…