Vizzi v. Town Board

Appellate Division of the Supreme Court of New York

Vizzi v. Town Board

51 A.D.2d 564, 378 N.Y.S.2d 745, 1976 N.Y. App. Div. LEXIS 10830

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

DecidedJanuary 19, 1976

StatusPublished

Cited by2 cases

This text of 51 A.D.2d 564 (Vizzi v. Town Board) 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

Vizzi v. Town Board, 51 A.D.2d 564, 378 N.Y.S.2d 745, 1976 N.Y. App. Div. LEXIS 10830 (N.Y. Ct. App. 1976).

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Opinion

Appeal by plaintiffs from an order of the Supreme Court, Suffolk County, entered May 12, 1975, which denied, without prejudice, their motion to punish various officials of the Town of Islip for contempt of court for their alleged failure and refusal to comply [565]*565with a judgment of the same court, dated November 28, 1973. Order affirmed, without costs. The very judgment which the town officials are alleged to have violated is in conflict with this court’s order of November 5, 1973 and, as noted by the learned Justice at Special Term, is inconsistent with a later judgment signed by Mr. Justice De Luca at Special Term on March 15, 1974. Under these circumstances, there has been no contempt. Moreover, there has been no showing that the November 28, 1973 judgment has been violated by the specified officials. Rabin, Acting P. J., Martuscello, Latham, Margett and Shapiro, JJ., concur.

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Appeal by plaintiffs from an order of the Supreme Court, Suffolk County, entered May 12, 1975, which denied, without prejudice, their motion to punish various officials of the Town of Islip for contempt of court for their alleged failure and refusal to comply [565]*565with a judgment of the same court, dated November 28, 1973. Order affirmed, without costs. The very judgment which the town officials are alleged to have violated is in conflict with this court’s order of November 5, 1973 and, as noted by the learned Justice at Special Term, is inconsistent with a later judgment signed by Mr. Justice De Luca at Special Term on March 15, 1974. Under these circumstances, there has been no contempt. Moreover, there has been no showing that the November 28, 1973 judgment has been violated by the specified officials. Rabin, Acting P. J., Martuscello, Latham, Margett and Shapiro, JJ., concur.

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Bluebook (online)

51 A.D.2d 564, 378 N.Y.S.2d 745, 1976 N.Y. App. Div. LEXIS 10830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vizzi-v-town-board-nyappdiv-1976.

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