Opinion
October 5, 1987
Appeal from the Supreme Court, Nassau County (Balletta, J.).
Ordered that the appeal from the order dated November 21, 1986, is dismissed, as that order was superseded by the order dated February 18, 1987, made upon reargument; and it is further,
Ordered that the order dated February 18, 1987 is affirmed insofar as appealed from; and it is further,
Ordered that the respondent is awarded one bill of costs.
The court is vested with broad discretion in determining appropriate conditions upon which a contemnor may purge the contempt (see, Matter of Nestler v. Nestler, 125 A.D.2d 836, 837; Busch v. Berg, 52 A.D.2d 1082, 1083; Matter of Storm, 28 A.D.2d 290, 292-293). In this case, the court adjudicated the defendant Arthur D'Urso in contempt for failing to comply with an order of the Supreme Court, Nassau County (Murphy, J.), entered June 18, 1986, directing him to deposit cash into a brokerage account. Inasmuch as the purpose of the order was to provide security for the underlying action, the court did not abuse its discretion in permitting the defendant Arthur D'Urso to purge the contempt by providing the plaintiff with alternative security. Thompson, J.P., Bracken, Niehoff and Harwood, JJ., concur.