Legal Opinion

Cimino v. Elliott

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

Decided May 31, 1996Published

1Opinion of the Court

Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner commenced this CPLR article 78 proceeding to review a summary finding of criminal contempt made against him by respondent during the course of a hearing at which petitioner was testifying. Petitioner argues that *987the summary finding should be annulled because he did not cause a disturbance and his behavior was not violent, physically obstructive or disrespectful to respondent. We disagree. The summary finding of criminal contempt was authorized because petitioner’s contumacious and unjustified…

2Cases cited1 opinion

  1. Mitchell v. WigginsAppellate Division of the Supreme Court of the State of New York · 1993

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