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EVANS v. EVANS

Appellate Division of the Supreme Court of New York, Fourth Department.
Sep 30, 1997

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 ยง 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.