Appellate Division of the Supreme Court of New York, 1983

Dickson v. Ferullo

Dickson v. Ferullo
Appellate Division of the Supreme Court of New York · Decided July 11, 1983
96 A.D.2d 745; 465 N.Y.S.2d 328; 1983 N.Y. App. Div. LEXIS 19335
Dickson v. Ferullo

Opinion of the Court

Order unanimously affirmed, without costs. Memorandum: Whether contempt sanctions under CPLR 5251 are applied in a particular case is a matter of judicial discretion (6 Weinstein-Korn-Miller, NY Civ Prac, par 5251.07). The court did not abuse its discretion in this case by refusing to hold the judgment debtor in contempt while ordering him to comply with the information subpoena. (Appeal from order of Supreme Court, Monroe County, Siracuse, J. — contempt.) Present — Hancock, Jr., J. P., Denman, Boomer, Green and Schnepp, JJ.

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