MATTER OF PIRROTTI v. SCHWARTZ


65 A.D.3d 554 (2009)

882 N.Y.S.2d 905

In the Matter of ANTHONY J. PIRROTTI, Appellant, v. WALTER SCHWARTZ, Respondent.

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

Decided August 4, 2009.


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

The summary contempt adjudication was not warranted under the circumstances of this case. The petitioner's conduct did not disrupt or threaten to disrupt the proceedings, nor did it destroy or undermine, or tend seriously to destroy and undermine the dignity of the court so that the court was unable to continue to conduct its...

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