Legal Opinion

Herbst v. Belen

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

Decided May 29, 2007PublishedCited by 1 opinion

1Opinion of the Court

*1096Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent dated January 29, 2007, which summarily adjudged the petitioner guilty of criminal contempt of court and imposed a sentence of imprisonment of 10 days.

Adjudged that the petition is denied, without costs or disbursements, and the proceeding is dismissed.

The petitioner’s insolent statements and disruptive conduct, as reflected in the record, satisfied the statutory prerequisites for the respondent’s adjudication of summary contempt (see Judiciary Law § 750 [A] [1]; 755; 22 NYCRR 701.2; Matter of…

2Cases cited2 opinions

  1. Brostoff v. BerkmanNew York Court of Appeals · 1992
  2. Levine v. RecantAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by1 opinion

  1. Matter of Politi v. CamachoAppellate Division of the Supreme Court of the State of New York · 2021

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