Sterngass v. Town Board of Clarkstown

In an action pursuant to CPLR 5104 to hold the defendants in contempt for allegedly failing to comply with an order of the Supreme Court, Rockland County (Walsh, Jr., J.), in a prior proceeding entitled Matter of Town Board of Town of Clarkstown v Sterngass, index No. 2629/72, the plaintiff appeals from an order of the same court (O’Rourke, J.), dated May 26, 2004, which granted that branch of the defendants’ motion which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted that branch of the defendants’…