Legal Opinion
SCHMITT, MICHAEL D. v. PIAMPIANO, JAMES J.
Appellate Division of the Supreme Court of the State of New York
Decided May 2, 2014No. OP 13-01643PublishedCited by 2 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 506 [b] [1]) to annul and set aside the determination of respondent finding petitioner in contempt.
It is hereby ordered that the determination is unanimously annulled on the law without costs and the petition is granted.
Memorandum: Petitioner commenced this original CPLR article 78 proceeding pursuant to CPLR 506 (b) (1) seeking to annul the determination finding petitioner in contempt of court and imposing a fine of $500. The conduct resulting in…
2Cases cited4 opinions
- McCormick v. AxelrodNew York Court of Appeals · 1983
- Department of Environmental Protection v. Department of Environmental ConservationNew York Court of Appeals · 1987
- McCormick v. AxelrodNew York Court of Appeals · 1983
- Dobozin v. TillsAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by2 opinions
- Matter of Fischione v. PM Peppermint, Inc.Appellate Division of the Supreme Court of the State of New York · 2021
- Steffen v. DirecTv, Inc.Appellate Division of the Supreme Court of the State of New York · 2021