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Matter of Koeppel

Respondent Found Guilty of Criminal Contempt, Sanctioned With Fine and Imprisonment

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DECISION AFTER TRIAL

*1 In this proceeding seeking to hold Respondent William W. Koeppel in contempt, the court granted Respondent’s application to bifurcate the civil and criminal contempt aspects of the proceeding and to try each aspect separately. After an evidentiary hearing on the criminal contempt aspect of this proceeding, conducted over twelve days,1 the court renders its verdict as follows. Pursuant to Judiciary Law 750 (A) (3), this court has the power to punish for criminal contempt any person guilty of wilfully disobeying its lawful mandates. According to the Court of Appeals, in order to sustain a finding of criminal contempt based on an alleged violation of a court order or mandate it is necessary to establish three elements: first, there has to be a showing that a lawful order of the court clearly expressing an unequivocal mandate was in effect; second, it must appear with reasonable certainty that the order has been disobeyed; and third, the party charged must have had knowledge of the court’s order, although it is not necessary to prove that

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