Wuttke v. O'Connor

In this proceeding under article 78 of the Civil Practice Act petitioner moves for an order punishing the respondent for contempt for failure to issue a building permit pursuant to the final order heretofore entered herein. Respond*551ent justifies Ms faiMre to comply with the final order on the ground that an appeal was promptly taken and is now pending before the Appellate Division.

Section 571 of the Civil Practice Act provides that the service of a notice of appeal by a domestic mumcipal corporation, or a public officer in its behalf, perfects the appeal and stays execution of the judgment or…