Opinion
2003-06820.
Decided May 10, 2004.
In an action to recover damages for personal injuries and an unrelated proceeding pursuant to Limited Liability Company Law § 702 for the judicial dissolution of a limited liability company, Solomon Abrahams, former attorney for the plaintiff in Matter No. 1 and former attorney for a respondent in Matter No. 2, appeals from an order of the Supreme Court, Westchester County (DiBlasi, J.), entered July 22, 2003, which denied his motion, inter alia, to dismiss a criminal contempt proceeding against him.
Solomon Abrahams, White Plains, N.Y., nonparty-appellant pro se.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, THOMAS A. ADAMS, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The appellant contends that the Supreme Court did not have the power to commence the criminal contempt proceeding against him sua sponte. However, having unsuccessfully litigated this issue in a prior proceeding pursuant to CPLR article 78 ( see Matter of Abrahams v. DiBlasi, 293 A.D.2d 530), the appellant is collaterally estopped from making this argument ( see Goldman Plumbing Heating Corp. v. Nesbit, 244 A.D. 311), which, in any event, is without merit ( cf. Judiciary Law § 2-b; De Lancey v. Piepgras, 141 N.Y. 88; Wehringer v. Brannigan, 232 A.D.2d 206).
Contrary to the appellant's contention, the Supreme Court providently exercised its discretion in declining to recuse itself after commencing the criminal contempt proceeding ( see Skripek v. Skripek, 239 A.D.2d 488).
The appellant's remaining contentions are without merit.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.