Sobotka v. Myers

Appellate Division of the Supreme Court of New York

Sobotka v. Myers

50 A.D.2d 550, 375 N.Y.S.2d 353, 1975 N.Y. App. Div. LEXIS 12284

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

DecidedNovember 20, 1975

StatusPublished

Cited by1 cases

This text of 50 A.D.2d 550 (Sobotka v. Myers) 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

Sobotka v. Myers, 50 A.D.2d 550, 375 N.Y.S.2d 353, 1975 N.Y. App. Div. LEXIS 12284 (N.Y. Ct. App. 1975).

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Opinion

Judgment of Supreme Court, New York County, entered on May 14, 1975, declaring petitioner to be in criminal contempt and sentencing him to five months imprisonment, unanimously modified, on the law, to the extent of vacating the sentence imposed and remanding the matter for resentence, and, as so modified, affirmed, without costs and without disbursements. Subdivision 1 of section 751 of the Judiciary Law provides for punishment by fine of up to $250, or by imprisonment not to exceed 30 days, or both. As the affidavit in opposition correctly points out, the sentence imposed herein exceeded that provided for in the above-mentioned section. We agree with the suggestion contained in that affidavit "that the matter of penalty be remanded to respondent since it is in the discretion of the Court”. Concur— Stevens, P. J., Markewich, Kupferman, Capozzoli and Lynch, JJ.

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Judgment of Supreme Court, New York County, entered on May 14, 1975, declaring petitioner to be in criminal contempt and sentencing him to five months imprisonment, unanimously modified, on the law, to the extent of vacating the sentence imposed and remanding the matter for resentence, and, as so modified, affirmed, without costs and without disbursements. Subdivision 1 of section 751 of the Judiciary Law provides for punishment by fine of up to $250, or by imprisonment not to exceed 30 days, or both. As the affidavit in opposition correctly points out, the sentence imposed herein exceeded that provided for in the above-mentioned section. We agree with the suggestion contained in that affidavit "that the matter of penalty be remanded to respondent since it is in the discretion of the Court”. Concur— Stevens, P. J., Markewich, Kupferman, Capozzoli and Lynch, JJ.

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Bluebook (online)

50 A.D.2d 550, 375 N.Y.S.2d 353, 1975 N.Y. App. Div. LEXIS 12284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sobotka-v-myers-nyappdiv-1975.

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