Opinion
December 19, 2000.
Order, Supreme Court, New York County (Bruce Allen, J.), entered October 25, 1999, which granted petitioner attorney's application pursuant to CPLR article 78 to vacate a summary criminal contempt order issued against him by respondent Judge to the extent of vacating the 10-day imprisonment imposed as punishment for the contempt, unanimously affirmed, without costs.
Thomas M. O'Brien, for petitioner-appellant-respondent.
David Lawrence III, for respondent-respondent-appellant.
Before: Lerner, J.P., Andrias, Saxe, Buckley, Friedman, JJ.
The summary contempt adjudication was justified by petitioner's clear disrespect for respondent in open court and in her immediate view and presence (Judiciary Law § 750[A][1]; § 751[1]; § 755; 22 NYCRR 604.2[a][1]; see, Matter of Brostoff v. Berkman, 79 N.Y.2d 938,affg 170 A.D.2d 364, cert denied 506 U.S. 861; Matter of Kunstler v. Galligan, 168 A.D.2d 146, affd 79 N.Y.2d 775). The circumstances did not warrant that respondent refer the matter to another Judge (see, Taylor v. Hayes, 418 U.S. 488, 501; Matter of Katz v. Murtagh, 28 N.Y.2d 234, 239). Vacatur of the jail term was a proper exercise of discretion (cf., 22 NYCRR 604.2[c]).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.