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ESTELLA N. EVANS, Respondent, v. JAMES H. EVANS, JR., Appellant. (Appeal No. 2.)

The record supports the determination that defendant's actions were calculated to, or actually did, defeat, impair, impede, or prejudice the rights or remedies of plaintiff ( see, Judiciary Law § 753 [A] [3]). Thus, the court properly held defendant in civil contempt. The penalty imposed, however, is excessive and, in the exercise of our discretion, we reduce the penalty to time served.

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EVANS v. EVANS
(Sep 30, 1997)