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MATTER OF BARR

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1986
121 A.D.2d 324 (N.Y. App. Div. 1986)

Opinion

June 24, 1986

Appeal from the Supreme Court, New York County (Martin Evans, J.).


The appeal from order of the same court and Justice, entered November 22, 1985, confirming the Official Referee's report to the extent that it found respondent guilty of contempt but denying (with leave to renew) the Referee's recommendation for imposition of a jail sentence and fines, is dismissed as subsumed in the appeal from the order denying renewal.

We agree with the Justice at Special Term that the report of the Referee should be confirmed. That report finds George Sassower guilty of 63 counts of criminal contempt in violating and continuing to violate an order of disqualification. However, in our opinion Special Term abused its discretion by its failure to impose a sanction in the light of the continuing contempts and respondent's stated intention to continue to do so.

Accordingly, we have directed that respondent be incarcerated for 30 days, and that a warrant of commitment issue forthwith.

Concur — Kupferman, J.P., Fein, Lynch, Milonas and Ellerin, JJ.


Summaries of

MATTER OF BARR

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1986
121 A.D.2d 324 (N.Y. App. Div. 1986)
Case details for

MATTER OF BARR

Case Details

Full title:In the Matter of JEROME H. BARR et al., as Executors of MILTON KAUFMAN…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 24, 1986

Citations

121 A.D.2d 324 (N.Y. App. Div. 1986)

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