Ward v. Ward

Appellate Division of the Supreme Court of New York

Ward v. Ward

71 A.D.2d 854, 418 N.Y.S.2d 1019, 1979 N.Y. App. Div. LEXIS 13110

Appellate Division of the Supreme Court of the State of New York·Decided August 6, 1979·Published·Cited by 5 cases

Opinion

—In a matrimonial action, defendant appeals from an order of the Supreme Court, Westchester County, dated March 12, 1979, which denied his motion, pursuant to section 775 of the Judiciary Law, to direct his release from the County Jail of Westchester County wherein he was confined for civil contempt. Appeal dismissed as moot, without costs or disbursements, in view of the fact that defendant is no longer being detained under the challenged order continuing his incarceration. Furthermore, we note that the legality of any future incarceration of the defendant which may be sought by the plaintiff is subject to the orderly process of appeal. Hopkins, J. P., Lazer, Cohalan and Martuscello, JJ., concur.

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—In a matrimonial action, defendant appeals from an order of the Supreme Court, Westchester County, dated March 12, 1979, which denied his motion, pursuant to section 775 of the Judiciary Law, to direct his release from the County Jail of Westchester County wherein he was confined for civil contempt. Appeal dismissed as moot, without costs or disbursements, in view of the fact that defendant is no longer being detained under the challenged order continuing his incarceration. Furthermore, we note that the legality of any future incarceration of the defendant which may be sought by the plaintiff is subject to the orderly process of appeal. Hopkins, J. P., Lazer, Cohalan and Martuscello, JJ., concur.

Ward v. Ward, 71 A.D.2d 854, 418 N.Y.S.2d 1019, 1979 N.Y. App. Div. LEXIS 13110 (N.Y. Ct. App. 1979).

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