Dietrich v. Michii

Memorandum: In this action for breach of contract, defendant appeals from an order finding her in contempt of court for failing to comply with the terms of a prior order and imposing sanctions that included, inter alia, a term of intermittent incarceration. Contrary to defendant’s contention, plaintiff established by clear and convincing evidence that defendant, a judgment debtor, refused to obey the prior order (see Gray v Giarrizzo, 47 AD3d 765 [2008]), and that her conduct did “defeat, impair, impede, [and] prejudice the rights [and] remedies of’ plaintiff (Judiciary Law § 770). Consequently, Supreme Court providently exercised its discretion in imposing a term of intermittent incarceration upon finding defendant in civil contempt (see § 753 [A] [1]; cf. Gray, 47 AD3d at 766 ; see generally McCain v Dinkins, 84 NY2d 216 , 225-226 [1994]). Indeed, the record supports the court’s determination that defendant failed to present credible evidence that she was financially un