Legal Opinion · Dissent

In re Glazer

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

Decided December 21, 1990Published

1Dissent

Callahan and Lawton, JJ.

(dissenting). In our view this appeal is premature and unnecessary, and should be dismissed. Respondent was given an opportunity to purge the citation of civil contempt by filing a supplemental accounting, and admittedly has availed himself of that opportunity; therefore, the order appealed from "is really not a final order in contempt * * * [and is] nothing more than a judicial declaration to the effect that if the [respondent] does not [file a supplemental accounting before a particular date], the court will then proceed to adjudge him guilty of contempt. Such an…

2Cases cited5 opinions

  1. Ferrara v. HynesAppellate Division of the Supreme Court of the State of New York · 1978
  2. January 1979 Grand Jury v. DoeAppellate Division of the Supreme Court of the State of New York · 1981
  3. Field v. WhiteAppellate Division of the Supreme Court of the State of New York · 1905
  4. Marino v. MeyersAppellate Division of the Supreme Court of the State of New York · 1978
  5. Marino v. MyersNew York Court of Appeals · 1979

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