Opinion
January 26, 1953.
Appeal from Supreme Court, Ulster County.
Present — Foster, P.J., Bergan, Coon, Halpern and Imrie, JJ. [See post, p. 917.]
The plaintiff had been found guilty of contempt of court for having willfully failed to appear for examination before trial. The order remitting the fine was well within the discretionary power of the Special Term and we find no abuse in the exercise of its discretion. The examination should proceed at a time and place to be specified in the order to be entered herein. Order appealed from unanimously affirmed, with $10 costs to the plaintiff-respondent. Settle order on notice.