Harvey v. Blumenstein

—In an action to enforce a judgment, the defendant, Stanley Blumenstein, appeals from an order of the Supreme Court, Nassau County (Carter, J.), dated March 3, 2000, which conditionally granted, without a hearing, the plaintiff’s motion to hold him in contempt.

Ordered that the order is reversed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for a hearing on the issue of whether the appellant is guilty of contempt.

The plaintiff moved to hold the appellant in contempt on the ground that he failed to appear for a deposition after service upon him of a subpoena. The…