Appellate Division of the Supreme Court of New York, 1993

Abrams v. New York Foundation for the Homeless

Abrams v. New York Foundation for the Homeless
Appellate Division of the Supreme Court of New York · Decided February 11, 1993
190 A.D.2d 578
Abrams v. New York Foundation for the Homeless

Opinion of the Court

— Order and judgment (one paper), Supreme Court, New York County (Edward Greenfield, J.), entered May 28, 1992, which denied defendants’ motion to, inter alia, vacate a prior restraining order and which granted the plaintiff’s cross-motion to hold defendant Jerome Mackey in contempt, unanimously affirmed, with costs.

The mere utterance of First Amendment privileges by a purported eleemosynary organization cannot shield defendants from the scrutiny of the Attorney-General (Ohio Civ. Rights Commn. v Dayton Schools, 477 US 619), and the Attorney-General is clearly empowered to supervise charitable corporations (in which category defendants claim the Foundation belongs), and to enjoin them from soliciting funds improperly (EPTL 8-1.4). Defendants’ persistent and willful defiance of the Supreme Court subpoena warrants the finding of contempt. Concur — Sullivan, J. P., Wallach, Ross and Rubin, JJ.

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