Opinion
September 30, 1997
Appeal from Order of Supreme Court, Monroe County, Bergin, J.
Present — Denman, P.J., Green, Hayes, Balio and Fallon, JJ.
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.