In re Brooklyn Bar Ass'n

Appellate Division of the Supreme Court of New York

In re Brooklyn Bar Ass'n

12 A.D.2d 806, 210 N.Y.S.2d 354, 1961 N.Y. App. Div. LEXIS 13096

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

DecidedJanuary 23, 1961

StatusPublished

This text of 12 A.D.2d 806 (In re Brooklyn Bar Ass'n) 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 Brooklyn Bar Ass'n, 12 A.D.2d 806, 210 N.Y.S.2d 354, 1961 N.Y. App. Div. LEXIS 13096 (N.Y. Ct. App. 1961).

Pincite

Opinion

Petitioner moved to punish respondent for contempt by reason of his failure to comply with the subpoenas of this court. On June 13, 1960, the court referred to an Official Referee of the Supreme Court the issue as to whether respondent had deliberately and willfully disobeyed the subpoenas; and, pending the Referee’s report, the court has held the application in abeyance. The Referee, after holding hearings at which respondent defaulted, has now filed his report in which he finds that respondent did deliberately and willfully disobey the subpoenas and in which he recommends that respondent be punished for criminal contempt as prescribed by law (Judiciary Law, § 750, subd. 3; § 751). Petitioner moves to confirm the report. Motion to confirm the Referee’s report granted; application to punish respondent for criminal contempt for disobeying said subpoenas granted. By reason of respondent’s willful disobedience to the subpoenas of this court, he is ordered to he imprisoned for 30 days in the county or city jail in Kings County. He is given leave, however, at any time during said 30-day period, to purge himself by complying fully with such subpoenas. Upon proof of such compliance he will be relieved of further imprisonment. Nolan, P. J., Beldock, Ughetta, Christ and Brennan, JJ., concur.

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Petitioner moved to punish respondent for contempt by reason of his failure to comply with the subpoenas of this court. On June 13, 1960, the court referred to an Official Referee of the Supreme Court the issue as to whether respondent had deliberately and willfully disobeyed the subpoenas; and, pending the Referee’s report, the court has held the application in abeyance. The Referee, after holding hearings at which respondent defaulted, has now filed his report in which he finds that respondent did deliberately and willfully disobey the subpoenas and in which he recommends that respondent be punished for criminal contempt as prescribed by law (Judiciary Law, § 750, subd. 3; § 751). Petitioner moves to confirm the report. Motion to confirm the Referee’s report granted; application to punish respondent for criminal contempt for disobeying said subpoenas granted. By reason of respondent’s willful disobedience to the subpoenas of this court, he is ordered to he imprisoned for 30 days in the county or city jail in Kings County. He is given leave, however, at any time during said 30-day period, to purge himself by complying fully with such subpoenas. Upon proof of such compliance he will be relieved of further imprisonment. Nolan, P. J., Beldock, Ughetta, Christ and Brennan, JJ., concur.

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Bluebook (online)

12 A.D.2d 806, 210 N.Y.S.2d 354, 1961 N.Y. App. Div. LEXIS 13096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-brooklyn-bar-assn-nyappdiv-1961.