In re Bloom

Appellate Division of the Supreme Court of New York

In re Bloom

78 A.D.2d 905, 434 N.Y.S.2d 898, 1980 N.Y. App. Div. LEXIS 13667

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 24, 1980

StatusPublished

This text of 78 A.D.2d 905 (In re Bloom) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Bloom, 78 A.D.2d 905, 434 N.Y.S.2d 898, 1980 N.Y. App. Div. LEXIS 13667 (N.Y. Ct. App. 1980).

Pincite

Opinion

In two proceedings to punish appellant for criminal contempt of court, the appeal is from an order of the Supreme Court, Kings County, dated November 20, 1980, which denied his motion to change the venue of the proceedings from Kings County to New York County. Order reversed, without costs or disbursements, motion granted, and the proceedings are transferred from Kings County to New York County. In view of the fact that the Administrative Judges of Bronx and Kings Counties are prospective witnesses, that a Justice of the Supreme Court, Kings County, is the complainant, and that a former Justice of the Supreme Court, Kings County, is a Special Assistant Attorney-General assigned to prosecute the proceedings, we believe that the possible appearance of any bias or favoritism requires a change of venue of these criminal contempt proceedings from Kings County to New York County. Accordingly, the ends of justice will be better served without undue inconvenience to the parties and their witnesses if the hearing were held in New York County. Hopkins, J. P., Lazer, Cohalan and Weinstein, JJ., concur.

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In two proceedings to punish appellant for criminal contempt of court, the appeal is from an order of the Supreme Court, Kings County, dated November 20, 1980, which denied his motion to change the venue of the proceedings from Kings County to New York County. Order reversed, without costs or disbursements, motion granted, and the proceedings are transferred from Kings County to New York County. In view of the fact that the Administrative Judges of Bronx and Kings Counties are prospective witnesses, that a Justice of the Supreme Court, Kings County, is the complainant, and that a former Justice of the Supreme Court, Kings County, is a Special Assistant Attorney-General assigned to prosecute the proceedings, we believe that the possible appearance of any bias or favoritism requires a change of venue of these criminal contempt proceedings from Kings County to New York County. Accordingly, the ends of justice will be better served without undue inconvenience to the parties and their witnesses if the hearing were held in New York County. Hopkins, J. P., Lazer, Cohalan and Weinstein, JJ., concur.

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Bluebook (online)

78 A.D.2d 905, 434 N.Y.S.2d 898, 1980 N.Y. App. Div. LEXIS 13667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bloom-nyappdiv-1980.