Legal Opinion

Levine v. Recant

Appellate Division of the Supreme Court of the State of New York

Decided December 19, 2000PublishedCited by 2 opinions

1Opinion of the Court

*125Order, Supreme Court, New York County (Bruce Allen, J.), entered October 25, 1999, which granted petitioner attorneys application pursuant to CPLR article 78 to vacate a summary criminal contempt order issued against him by respondent Judge to the extent of vacating the 10-day imprisonment imposed as punishment for the contempt, unanimously affirmed, without costs.

The summary contempt adjudication was justified by petitioner’s clear disrespect for respondent in open court and in her immediate view and presence (Judiciary Law § 750 [A] [1]; § 751 [1]; § 755; 22 NYCRR 604.2 [a] [1]; see, Matter…

2Cases cited5 opinions

  1. Taylor v. HayesSupreme Court of the United States · 1974
  2. Katz v. MurtaghNew York Court of Appeals · 1971
  3. Brostoff v. BerkmanNew York Court of Appeals · 1992
  4. Kunstler v. GalliganNew York Court of Appeals · 1991
  5. Brostoff v. BerkmanAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by2 opinions

  1. Herbst v. BelenAppellate Division of the Supreme Court of the State of New York · 2007
  2. Brodeur v. LevittAppellate Division of the Supreme Court of the State of New York · 2001

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