Hynes v. Sloma

Order unanimously reversed, on the law and facts, without costs, and petition *1015dismissed. Memorandum: Appellant has been found guilty of civil contempt and has been ordered committed to Niagara County Jail until he produces various documents and business records of the Fairchild Manor Nursing Home for the years 1970 to 1975 (see CPLR 2308). The enforcement of the order of commitment has been stayed pending resolution of this appeal. Although the evidence is not free from doubt, we accept the trial court’s finding that all the records subpoenaed were in existence as late as June, 1975 and that…