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DHPD v. CHANEY

137 Misc.2d 1079 (1988)

Department of Housing Preservation and Development of the City of New York, Respondent, v. John Chaney et al., Appellants.

Supreme Court, Appellate Term, First Department.

January 8, 1988

Attorney(s) appearing for the Case

Lubell & Koven (Paul Martin Weltz of counsel), for appellants. Bruce Kramer and Janessa C. Nisley for respondent.

PARNESS, J. P., SANDIFER and OSTRAU, JJ., concur.

Per Curiam.

Order entered July 16, 1986 reversed, with $10 costs, the motion by respondent John Chaney to vacate the order of contempt entered on default on January 23, 1985 is granted, and matter remanded to the court below for further proceedings.

Section 756 of the Judiciary Law provides, inter alia, that "unless otherwise ordered by the court", the moving papers on an application to punish for contempt...

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