Opinion
Argued February 10, 1972
Decided March 16, 1972
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANK S. SAMANSKY, J.
William J. Williams for appellant.
J. Lee Rankin, Corporation Counsel ( Leonard Koerner and Stanley Buchsbaum of counsel), for respondents.
Order affirmed, without costs, in the following memorandum: Because this court's remittitur is involved the court retains inherent jurisdiction to review its enforcement, irrespective of the rules of nonfinality applicable to contempt orders in other contexts (see Cohen and Karger, Powers of the New York Court of Appeals, p. 37, n. 1; cf. New York Thruway Auth. v. State of New York, 25 N.Y.2d 210, 219, dispensing with the need for leave to appeal in such case). On the merits, the order should be affirmed as the courts below exercised their discretion properly in refusing to hold respondents in contempt.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.