Pugh v. Winter

Appellate Division of the Supreme Court of New York

Pugh v. Winter

253 A.D. 295, 2 N.Y.S.2d 9, 1938 N.Y. App. Div. LEXIS 8423

Appellate Division of the Supreme Court of the State of New York·Decided February 11, 1938·Published·Cited by 4 cases

Opinion

Per Curiam.

The statements which appellant admits she made to respondent in open court were sufficient to warrant an adjudication that her conduct was contemptuous. However, in view of the fact that such statements were provoked by the court and that appellant offered an apology, the punishment imposed should have been limited to a censure.

It is not necessary to pass on the other questions raised.

[296] The order appealed from should be modified by granting the motion to the extent of limiting the punishment to a censure and vacating the commitment, and as so modified affirmed, without costs.

Present — Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.

Order unanimously modified by granting the motion to the extent of limiting the punishment to a censure and vacating the commitment, and as so modified affirmed, without costs.

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Per Curiam.

The statements which appellant admits she made to respondent in open court were sufficient to warrant an adjudication that her conduct was contemptuous. However, in view of the fact that such statements were provoked by the court and that appellant offered an apology, the punishment imposed should have been limited to a censure.

It is not necessary to pass on the other questions raised.

[296] The order appealed from should be modified by granting the motion to the extent of limiting the punishment to a censure and vacating the commitment, and as so modified affirmed, without costs.

Present — Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.

Order unanimously modified by granting the motion to the extent of limiting the punishment to a censure and vacating the commitment, and as so modified affirmed, without costs.

Pugh v. Winter, 253 A.D. 295, 2 N.Y.S.2d 9, 1938 N.Y. App. Div. LEXIS 8423 (N.Y. Ct. App. 1938).

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Opinion

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