In re Waterfront Commission

—Judgment, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered May 20, 1997, adjudging respondent-appellant in contempt for refusing to testify pursuant to a subpoena issued by petitioner-respondent, unanimously reversed, on the law, and the facts, without costs, and the matter remanded for a hearing to explore the gravity and sincerity of respondent’s fears of physical retribution should he testify, measures available to mitigate his fears, and to give respondent an opportunity to meet his burden of demonstrating that incarceration would be punitive rather than merely coercive.

I…