Hand v. Ortschreib Bldg. Corp.

• Decision Date: 13 May 1930
• Parties: HAND v. ORTSCHREIB BUILDING CORPORATION et al.
• Court: New York Court of Appeals Court of Appeals

254 N.Y. 15

171 N.E. 889

HAND

v.ORTSCHREIB BUILDING CORPORATION et al.

Court of Appeals of New York.

May 13, 1930.

Proceedings supplementary to execution under a judgment in favor of Anna Hand against the Ortschreib Building Corporation and others, defendants, and the Municipal Bank & Trust Company and others, third parties. From an order of the Appellate Division (228 App. Div. 835, 241 N. Y. S. 807), which modified and affirmed as modified an order of Special Term (240 N. Y. S. 589) adjudging the appellants guilty of contempt of court for failure to obey the terms of a third party order in proceedings supplementary to execution, the third party and others appeal. On motion to dismiss appeal.

Motion granted, and appeal dismissed.

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered March 14, 1930, which modified and affirmed as modified an order of Special Term adjudging the appellants guilty of contempt of court for failure to obey the terms of a third party order in proceedings supplementary to execution.

The motion was made upon the grounds that the order appealed from was interlocutory; that permission to appeal had not been obtained, and that no constitutional question was involved.Appeal from Supreme Court, Appellate Division, Second department.

Herman W. Bernstein, of New York City, for the motion.

Gerson C. Young, of New York City, opposed.

PER CURIAM.

The proceeding was instituted under subdivision 3 of section 773 of the Civil Practice Act. The appellant was a party to that proceeding. An order adjudging a party guilty of a civil contempt in proceedings supplemental to execution is not a final order. Matter of Steinman v. Conlon, 208 N. Y. 198, 101 N. E. 863.

Motion granted, and appeal dismissed, with costs and $10 costs of motion.