Opinion
February 1, 1999
Ordered that the motion is denied; and it is further, adjudged that the petition is granted, on the law, without costs or disbursements, and the determination is annulled.
We agree with the petitioner that his conduct did not disrupt or threaten to disrupt the proceedings nor did it destroy or undermine or tend seriously to destroy or undermine the dignity of the court so that the court was unable to continue to conduct its normal business' in an appropriate way ( see, 22 NYCRR 701.2 [a]).
Further, we find that the court failed to give a sufficient warning to the petitioner that his conduct was deemed to be contumacious prior to adjudicating him in contempt ( see, 22 NYCRR 701.4).
Miller, J. P., Thompson, McGinity and Luciano, JJ., concur.