MATTER OF POWELL v. SUPREME COURT OF THE STATE OF NEW YORK


26 A.D.2d 779 (1966)

In the Matter of Adam C. Powell, Jr., Petitioner, v. Supreme Court of the State of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

September 27, 1966


The principal issue raised and the only one meriting comment is that respondent court is erroneously engaged in treating as a criminal contempt a contention that petitioner willfully disobeyed an attorney-issued subpœna in supplementary proceedings to enforce collection of a money judgment (cf. Judiciary Law, § 750, subds. 3, 5, with § 753, subd. 5; see CPLR 2308, 5251). Petitioner contends that such erroneous engagement constitutes an exercise of power in...

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