Continental Bank v. Moscatiello

OPINION OF THE COURT

Arthur W. Lonschein, J.

This is a motion to punish the defendant for contempt. It raises certain questions about the proper construction of section 761 of the Judiciary Law which have not previously been encountered.

The motion was brought on by a simple notice of motion sent, by mail, only to the defendant’s attorney. The Judiciary Law now allows commencement of a contempt motion by a notice (Judiciary Law, § 756, as added by L 1977, ch 437, § 2). Pursuant to section 761 of the Judiciary Law, however, the application to punish for contempt “shall be served upon the accused,…