Opinion
December 11, 1995
Appeal from the Family Court, Rockland County (Stanger, J.).
Ordered that the order is reversed, on the law, without costs or disbursements.
The order dated October 22, 1993, upon which the finding of contempt was based, was previously reviewed by this Court and held to be invalid (see, Matter of Anonymous v Anonymous, 203 A.D.2d 283). In any event, the order holding the father in contempt must be reversed. Since this is a case in which "the court was attempting to compel respect for its mandates, rather than to vindicate the rights of a party to the proceeding," the contempt finding made against the father was criminal, rather than civil, in nature (see, Matter of Murray, 98 A.D.2d 93, 98; see also, Matter of McCormick v Axelrod, 59 N.Y.2d 574, 582-583). The record contains insufficient evidence to prove beyond a reasonable doubt that the father willfully disobeyed a lawful mandate of the court (see, Judiciary Law § 750 [A] [3]; Matter of McCormick v Axelrod, supra; N.A. Dev. Co. v Jones, 99 A.D.2d 238, 242).
In view of our determination, we reach no other issues. Bracken, J.P., O'Brien, Ritter, Friedmann and Goldstein, JJ., concur.