MATTER OF RAPPAPORT


85 A.D.2d 697 (1981)

In the Matter of The Estate of Jay B. Rappaport, Deceased. Monroe Chapin, Respondent; Alfred D. Rappaport, Appellant

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

December 28, 1981


Order reversed, on the law, without costs or disbursements, and contempt petition dismissed.

We are constrained to dismiss the petition in this proceeding because neither of the two orders to show cause involved contained the notice and warning "that the purpose of the hearing is to punish the accused for a contempt of court, and that such punishment may consist of fine or imprisonment, or both" (see Judiciary Law, §§ 756, 757). Since this defect is jurisdictional...

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