POWELL v. CLAUSS


93 A.D.2d 883 (1983)

Theodore Powell, Plaintiff, v. Jed Clauss, Appellant. William Sirignano, as Receiver, Respondent

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

April 25, 1983


Order reversed, without costs or disbursements, and matter remitted to Special Term for further proceedings consistent herewith.

The record before this court fails to indicate whether defendant was adjudged guilty of civil or criminal contempt, and at the hearing which must be conducted, the course being pursued must be made clear. Adjudging defendant to be in criminal contempt is not warranted on this record, as there is no finding that the alleged disobedience of...

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