Brunetti v. Gary

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent, Michael A. Gary, a Justice of the Supreme Court, Kings County, dated May 10, 2002, which summarily adjudged the petitioner guilty of criminal contempt of court and imposed a fine of $500.

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 summary contempt adjudication was not warranted under the circumstances of this case. The petitioner’s…