Marino v. Meyers

Application by petitioners granted to the extent that their contempt is deemed purged and the $250 fine imposed on each is vacated, cross motion of the Attorney-General to dismiss the proceeding is *601denied, all, without costs or disbursements. This court, in a previous decision (61 AD2d 938), held that "Petitioners’ refusal to testify, as directed, was contumacious”, that "they could not, in the first instance, refuse to testify”, but provided petitioners with an opportunity to "purg[e]” themselves of contempt. In our opinion, petitioners, following this court’s decision, purged themselves of…