Ordered that the order is reversed, on the law, without costs or disbursements, and the motion is denied.
A motion to punish an adverse party for a violation of a court order, where, as here, the violation was not committed in the presence of the court, cannot be the subject matter of a summary contempt proceeding.
Judiciary Law § 751 (1) provides that to punish such a violation as a criminal contempt, the "party charged must be notified of the accusation...
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