MATTER OF BROSTOFF v. BERKMAN


79 N.Y.2d 938 (1992)

In the Matter of Steven Brostoff, Appellant, v. Carol Berkman, as Acting Justice of the Supreme Court of New York County, Respondent.

Court of Appeals of the State of New York.

Decided March 31, 1992.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (James M. McGuire and Mark Dwyer of counsel), for appellant.

Robert Abrams, Attorney-General (Abigail I. Petersen and Jerry Boone of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The judgment of the Appellate Division should be affirmed, without costs.

Petitioner, an Assistant District Attorney, refused to obey respondent, an Acting Justice of Supreme Court presiding at a calendar call, when she ordered the prosecutor to leave the well area of her courtroom. The verbal exchanges and actions that led the Justice to hold the prosecutor in summary criminal contempt are described in...

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