MATTER OF GUMBS v. MARTINIS


40 A.D.2d 194 (1972)

In the Matter of Frank Gumbs, Petitioner, v. Joseph A. Martinis, as Supreme Court Justice of New York County, Respondent

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

December 14, 1972.


Attorney(s) appearing for the Case

Rhonda Copelon Schoenbrod and James Reif for petitioner.

Robert S. Hammer of counsel (Samuel A. Hirshowitz with him on the brief; Louis J. Lefkowitz, Attorney-General), for respondent.

NUNEZ, TILZER and CAPOZZOLI, JJ., concur with McGIVERN, J.; STEVENS, P. J., dissents in an opinion.


McGIVERN, J.

This is a proceeding pursuant to article 78 of the CPLR to review the mandate of the Supreme Court, New York County (MARTINIS, J.), dated November 8, 1972, summarily adjudging the petitioner in contempt of court for conduct committed in the presence of the court, imposing a sentence of $250 fine or 10 days' imprisonment, and excluding the petitioner from the Criminal Court Building, 100 Centre Street...

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