Buxbaum v. Buxbaum

OPINION OF THE COURT

■ Bernard Fuchs, J.

' In this CPLR article 78 proceeding plaintiff-petitioner (plaintiff) seeks an order in the nature of mandamus directing the Honorable Joseph P. Imperato, special referee to sign an order, in the form annexed to the petition. The order would direct the arrest of defendant-respondent (Dr. Buxbaum) and commit him to jail for contempt of court until a $33,879.72 fine is paid with interest and Sheriff’s fees. The Attorney-General appears on behalf of the special referee and cross-moves (or more properly moves, CPLR 7804, subd [f]) to dismiss the proceeding.

Th…