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MATTER OF ABRAMOVITZ v. LATORELLA

274 A.D.2d 514 (2000)

716 N.Y.S.2d 572

In the Matter of RAFAEL ABRAMOVITZ, Petitioner, v. CHARLES A. LATORELLA, Respondent.

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

Decided July 24, 2000.

Motion by the respondent to dismiss the proceeding.

Ordered that the motion is denied; and it is further,

Adjudged that the petition is granted, on the law, without costs or disbursements, and the determination is annulled.

The respondent failed to give sufficient warning to the petitioner that his conduct was deemed to be contumacious prior to adjudicating him in contempt (see, 22 NYCRR 701.4; Matter of Godosky v LaTorella,

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