Opinion
February 6, 1956
Respondent moved to punish appellant, an attorney, for contempt for failure to make payments of alimony, as directed by a final decree of divorce. Appellant cross-moved for relief pursuant to section 1172-a of the Civil Practice Act, and both motions have been referred to an Official Referee. The appeal is from an order denying appellant's motion to strike from a subpoena duces tecum a provision directing him to produce before the Official Referee "files of all cases in which you [appellant] or Gordon Kass were or are attorneys of record or counsel from January 1, 1954 to date". Appellant claimed privilege pursuant to section 353 of the Civil Practice Act. Order affirmed, with $10 costs and disbursements. No opinion. Beldock, Acting P.J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ., concur.