MATTER OF TARNAVSKY v. MORGENSTERN


39 A.D.3d 762 (2007)

832 N.Y.S.2d 444

In the Matter of MILANA TARNAVSKY, Petitioner, v. ESTHER M. MORGENSTERN, as Justice of the Supreme Court of the State of New York, Respondent.

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

Decided April 17, 2007.


Adjudged that the petition is granted, on the facts, without costs or disbursements, and the determinations are annulled.

Summary contempt adjudication was not warranted under the circumstances of this case (see Judiciary Law § 755). The petitioner's conduct did not disrupt or threaten to disrupt the proceedings, nor did it destroy or undermine, or tend seriously to destroy or undermine, the dignity of the court so that the court was unable to continue...

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