Borden v. Tobias

Pursuant to article 78 of the Civil Practice Law and Rules, petitioner brings this proceeding for an order annulling the “ adjudication for criminal contempt ” of petitioner, made by respondent, a Justice of the Civil Court *1070of the City of New York, and to set aside and vacate the fine imposed thereunder.

No written mandate or order adjudging petitioner guilty of a contempt has been entered. Respondent seeks the dismissal of the petition on the ground that, in effect, there is nothing for this court to review pursuant to the provisions of article 78 of the Civil Practice Law and Rules.

From the…