MATTER OF FERRARA v. HYNES


63 A.D.2d 675 (1978)

In the Matter of Frank Ferrara, Appellant, v. Charles J. Hynes, as Deputy Attorney-General, Respondent

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

May 8, 1978


Order reversed, on the law and the facts, without costs or disbursements, and adjudication vacated.

In our opinion, the County Court was correct in holding appellant in contempt on September 30, 1977 for his failure to comply with its direction of September 26, 1977 to appear and testify before the Grand Jury later that day pursuant to a validly issued subpoena. However, the law is settled that a contemnor will generally be allowed to purge the contempt by performing...

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