Sassower v. Signorelli
| Decision Date | 06 November 1978 |
| Citation | 65 A.D.2d 756,409 N.Y.S.2d 762 |
| Parties | George SASSOWER, Petitioner-Respondent, v. Ernest L. SIGNORELLI, Appellant, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Louis J. Lefkowitz, Atty. Gen., New York City (Leonard J. Pugatch and Samuel A. Hirshowitz, New York City, of counsel), for appellant.
George Sassower, pro se.
Before LATHAM, J. P., and COHALAN, MARGETT and O'CONNOR, JJ.
MEMORANDUM BY THE COURT.
In a habeas corpus proceeding, the appeals are from (1) a judgment of the Supreme Court, Suffolk County, entered September 13, 1977, which, after a hearing, sustained the writ and annulled an adjudication of contempt, without prejudice to a renewal of the contempt proceedings, and (2) a resettled judgment of the same court, dated November 14, 1977.
Appeal from the judgment entered September 13, 1977 dismissed, without costs or disbursements. That judgment was superseded by the resettled judgment.
Resettled judgment affirmed, without costs or disbursements.
Petitioner had served as executor of the estate of Eugene Paul Kelly pursuant to the terms of the decedent's will. On April 28, 1977 an order issued in the probate proceeding directing petitioner to turn over his records pertaining to the estate in order that an accounting could be had. Petitioner had been removed as executor in March, 1976, because of his continued failure to file an accounting.
Petitioner failed to comply with the turn-over order by June 15, 1977, and he was given until June 22, 1977 to comply. On the latter date, petitioner failed to appear in court, as he had been directed, and there was continued noncompliance with the April 28, 1977 order.
Although petitioner had evidently telephoned the office of the Public Administrator late the preceding afternoon to say that he would not be in court on the date set, the Surrogate heard testimony from the Deputy Public Administrator that there had not been compliance in the week intervening. The Surrogate adjudged petitioner in contempt of court. The order of contempt recited that "George Sassower is guilty of criminal contempt of court committed in the immediate presence of the court by reason of his failure to obey the lawful order and directions of this court". Petitioner was apprehended by the Sheriff the following day and brought before the Surrogate. Petitioner stated: My intention is to comply with the law as I see it. " He was jailed.
He then petitioned this court for a writ of habeas corpus and asked for bail pending the hearing. A hearing on the writ was directed...
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Sassower v. Finnerty, 1
...noting that a summary adjudication of contempt is only permitted if the contemnor is within the court's presence (Sassower v. Signorelli, 65 A.D.2d 756, 409 N.Y.S.2d 762). By order to show cause served personally upon appellant, further criminal contempt proceedings were commenced on behalf......
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O'Connell v. Taddeo
...testimony to establish the violation, does not occur within the "immediate view and presence" of the Court. Sassower v. Signorelli, 65 A.D.2d 756, 409 N.Y.S.2d 762 (2nd Dept.1978). This Court, therefore, holds that disobedience of a lawful mandate of the Court, which may constitute a crimin......
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People v. Jeter
...at home. Accordingly, the summary contempt order must be reversed, and the sentence imposed thereon vacated (see, Sassower v. Signorelli, 65 A.D.2d 756, 409 N.Y.S.2d 762; Matter of Heathcock, 11th Cir., 696 F.2d 1362). However, since it appears that appellant may have willfully disobeyed th......