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MATTER OF SPAIN v. BRAATZ

217 A.D.2d 661 (1995)

630 N.Y.S.2d 928

In the Matter of C. Compton Spain, Petitioner, v. William B. Braatz, Respondent

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

July 24, 1995

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Upon review of the record, we find that petitioner was properly adjudged guilty of criminal contempt, and further, that the "spirit and purpose" of 22 NYCRR 701.2 (c), requiring that an accused be given an opportunity to "make a statement in his defense or in extenuation of his conduct", was met in this case (22 NYCRR 701.2 [c]; see also, Matter of Werlin...

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