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Matter of Spain v. Braatz

Appellate Division of the Supreme Court of New York, Second Department
Jul 24, 1995
217 A.D.2d 661 (N.Y. App. Div. 1995)

Opinion

July 24, 1995


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Upon review of the record, we find that petitioner was properly adjudged guilty of criminal contempt, and further, that the "spirit and purpose" of 22 NYCRR 701.2 (c), requiring that an accused be given an opportunity to "make a statement in his defense or in extenuation of his conduct", was met in this case ( 22 NYCRR 701.2 [c]; see also, Matter of Werlin v. Goldberg, 129 A.D.2d 334). Mangano, P.J., Bracken, Sullivan, Balletta and O'Brien, JJ., concur.


Summaries of

Matter of Spain v. Braatz

Appellate Division of the Supreme Court of New York, Second Department
Jul 24, 1995
217 A.D.2d 661 (N.Y. App. Div. 1995)
Case details for

Matter of Spain v. Braatz

Case Details

Full title:In the Matter of C. COMPTON SPAIN, Petitioner, v. WILLIAM B. BRAATZ…

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

Date published: Jul 24, 1995

Citations

217 A.D.2d 661 (N.Y. App. Div. 1995)
630 N.Y.S.2d 928

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