Opinion
May 22, 1967
Proceeding pursuant to statute (Judiciary Law, § 752; CPLR 7804, subd. [b]; CPLR 506, subd. [b], par. 1) to annul an order of the Supreme Court, Kings Couty, dated March 31, 1967 and made by the respondent Acting Justice of said court, which (a) summarily adjudged petitioner, an attorney, guilty of criminal contempt of court committed in the immediate view and presence of the court, (b) fined him $150 and (c) directed that, should he fail to pay said fine, he shall serve five days in jail. Order confirmed and proceeding dismissed, without costs. In our opinion, on the facts disclosed in the record, petitioner was properly adjudged guilty of criminal contempt, in that his conduct manifested an intent to defy the dignity and authority of the court (Judiciary Law, § 750; cf. Matter of Waldman v. Churchill, 262 N.Y. 247; Matter of Berkon v. Mahoney, 268 App. Div. 825, affd. 294 N.Y. 828; Matter of Sala v. Shapiro, 18 A.D.2d 843). Christ, Acting P.J., Brennan, Hopkins, Benjamin and Munder, JJ., concur.