Appellate Division of the Supreme Court of New York, 2000

Abramovitz v. LaTorella

Appellate Division of the Supreme Court of New York · Decided July 24, 2000

274 A.D.2d 514; 716 N.Y.S.2d 572; 2000 N.Y. App. Div. LEXIS 8209

Cases that cite this one

1 later published case cites this decision.

Brunetti v. Gary (Appellate Division of the Supreme Court of New York 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Proceed*515ing pursuant to CPLR article 78 to review a determination of the respondent dated August 24, 1999, which summarily adjudged the petitioner guilty of criminal contempt of court and imposed a fine of $100.

Motion by the respondent to dismiss the proceeding.

Ordered that the motion is denied; and it is further,

Adjudged that the petition is granted, on the law, without costs or disbursements, and the determination is annulled.

The respondent failed to give sufficient warning to the petitioner that his conduct was deemed to be contumacious prior to adjudicating him in contempt (see, 22 NYCRR 701.4; Matter of Godosky v LaTorella, 258 AD2d 461). Accordingly, under the circumstances of this case, the determination should be annulled. Santucci, J. P., S. Miller, Florio and McGinity, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.