Opinion
December 30, 1942.
Appeal from an order adjudging appellants guilty of a civil and criminal contempt and fining them therefor. The order also commits each of the individual appellants to the "County jail of any County * * * wherein he may be found," until the fine imposed shall be paid, and further directs the Sheriff of any County or City in the State of New York to arrest and commit each of the individual appellants to the "County jail of the County wherein he may be found," and there to detain him. Order modified on the law by striking therefrom the words "County jail of any County in the State of New York wherein he may be found" and "County jail of the County wherein he may be found" wherever used in connection with the punishment for the criminal contempt and by substituting in all such places the words "County jail of Kings County." As so modified, the order is affirmed, with ten dollars costs and disbursements to respondent. The statute provides that a person guilty of a criminal contempt shall be imprisoned "in the jail of the county where the court is sitting." (Judiciary Law, § 751; Cons. Laws, ch. 30.) Lazansky, P.J., Hagarty, Johnston, Taylor and Close, JJ., concur. [ 177 Misc. 945.]