In re Ellman

Appellate Division of the Supreme Court of New York

In re Ellman

117 A.D.2d 803, 499 N.Y.S.2d 431, 1986 N.Y. App. Div. LEXIS 53075

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

DecidedFebruary 24, 1986

StatusPublished

Cited by1 cases

This text of 117 A.D.2d 803 (In re Ellman) 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 Ellman, 117 A.D.2d 803, 499 N.Y.S.2d 431, 1986 N.Y. App. Div. LEXIS 53075 (N.Y. Ct. App. 1986).

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Opinion

—Appeal by Kenneth Ellman from an order of the Family Court, Westchester County (Facelle, J.), entered May 14, 1984, which summarily held him in criminal contempt of court and fined him the sum of $100.

Appeal dismissed, without costs or disbursements.

Under the circumstances of this case, including the fact that the purported contempt was committed within the immediate view and presence of the court and was punished summarily, review should be had under CPLR article 78 and not by appeal (see, People v Epps, 21 AD2d 650, cert denied 379 US 940; Matter of Katz, 62 Misc 2d 342). Gibbons, J. P., Brown, Lawrence and Kooper, JJ., concur.

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—Appeal by Kenneth Ellman from an order of the Family Court, Westchester County (Facelle, J.), entered May 14, 1984, which summarily held him in criminal contempt of court and fined him the sum of $100.

Appeal dismissed, without costs or disbursements.

Under the circumstances of this case, including the fact that the purported contempt was committed within the immediate view and presence of the court and was punished summarily, review should be had under CPLR article 78 and not by appeal (see, People v Epps, 21 AD2d 650, cert denied 379 US 940; Matter of Katz, 62 Misc 2d 342). Gibbons, J. P., Brown, Lawrence and Kooper, JJ., concur.

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Bluebook (online)

117 A.D.2d 803, 499 N.Y.S.2d 431, 1986 N.Y. App. Div. LEXIS 53075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ellman-nyappdiv-1986.

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