Opinion
February 5, 1996
Appeal from the Supreme Court, Nassau County (Winick, J.).
Ordered that the order is affirmed, with one bill of costs payable to the respondents.
The Supreme Court improperly denied as academic the petitioner's motion to hold the respondent and his former attorney in contempt of court. However, the motion was properly denied (see, Educational Reading Aids Corp. v. Young, 175 A.D.2d 152). The record reveals that the respondent and his former attorney did not disobey a subpoena when the respondent failed to appear at depositions on the September 8, 1994, and October 12, 1994, since the court had adjourned those depositions. Balletta, J.P., O'Brien, Ritter, Pizzuto and Altman, JJ., concur.