GIORGINI v. GOLDFIELD

Ordered that the order is affirmed, with costs.

To succeed on a motion to punish for civil contempt, the moving party must show that the alleged contemnor violated a clear and unequivocal court order and that the violation prejudiced a right of a party to the litigation ( see Judiciary Law § 753 [A] [3]; McCain v. Dinkins, 84 NY2d 216; Matter of McCormick v. Axelrod, 59 NY2d 574; Matter of CBS Rubbish Removal v. Town of Babylon Sanitation Commn., 249 AD2d 541). The imposition of punishment for criminal contempt similarly requires a showing that the alleged contemnor violated a clear and unequivocal court order ( see Matter of Department of Envtl. Protection of City of N.Y. v. Department of Envtl. Conservation of State of N.Y., 70 NY2d 233, 240; Matter of McCormick v. Axelrod, supra; CBS Rubbish Removal v. Town of Babylon Sanitation Commn., supra). Inasmuch as the defendants failed to demonstrate that the plaintiff violated a prior order of the court, the Supreme Court properly denied the defendants' motion to adjudicate the plaintiff in civil and criminal contempt.

The defendants' remaining contentions are without merit.