Goldberg v. Ornstein

Defendant appealed to the Appellate Term from a denial of a motion, begun by order to show cause, to punish for contempt the attorney for plaintiff. The Appellate Term held the order not appealable.

Appellant bases the motion to punish for contempt upon the fact that the trial court stayed execution for five days after the entry of judgment, whereas the attorney for plaintiff issued execution immediately following the entry of judgment.

The order appealed from was to punish a third party, who is not a party to the action. Such an order is always a final order and is appealable. (People ex rel.…