MATTER OF HERBST v. BELEN


40 A.D.3d 1095 (2007)

834 N.Y.S.2d 877

In the Matter of BENJAMIN HERBST, Petitioner, v. ARIEL E. BELEN, Respondent.

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

Decided May 29, 2007.


Adjudged that the petition is denied, without costs or disbursements, and the proceeding is dismissed.

The petitioner's insolent statements and disruptive conduct, as reflected in the record, satisfied the statutory prerequisites for the respondent's adjudication of summary contempt (see Judiciary Law § 750 [A] [1]; 755; 22 NYCRR 701.2; Matter of Brostoff v Berkman, 79 N.Y.2d 938, 940 [1992], cert denied

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