Matter of St. Labor Rel. Bd. v. Kleen-Rite P. Corp.

Full title: In the Matter of the NEW YORK STATE LABOR RELATIONS BOARD and Others…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 17, 1939

258 App. Div. 59 (N.Y. App. Div. 1939)

15 N.Y.S.2d 589

Opinion

November 17, 1939.

Appeal from Supreme Court of Bronx County, McGEEHAN, J.

Isidore Rose, for the appellants.

Sidney L. Cahn of counsel [ Ralph T. Seward, attorney], for the respondents.

Present — MARTIN, P.J., TOWNLEY, UNTERMYER, COHN and CALLAHAN, JJ.

PER CURIAM.

The court did not acquire jurisdiction to punish the appellant Harry Urovsky for contempt for the reason that he was not made a party to this proceeding by any process directed against him. (Judiciary Law, § 751.)

The order should also be modified as to the appellant Kleen-Rite Process Corporation by eliminating the fine of $250 imposed under section 773 Jud. of the Judiciary Law, stated in the order to represent the "costs and expenses" of the proceeding and directed to be paid to the New York State Labor Relations Board. The record contains no evidence of the amount of these costs and expenses, which, accordingly, cannot be allowed. ( People ex rel. Lawyers' Surety Co. v. Anthony, 7 App. Div. 132; affd., 151 N.Y. 620; Fenlon v. Dempsey, 50 Hun, 131.)

The order appealed from should be modified by striking therefrom all provisions for relief as against Harry Urovsky and further by eliminating the provision imposing a fine of $250 for costs and expenses on Kleen-Rite Process Corporation; and, as so modified, affirmed, with twenty dollars costs and disbursements to the appellant Harry Urovsky, and without costs to the appellant Kleen-Rite Process Corporation.

PER CURIAM.

Order unanimously modified as indicated in opinion, and, as so modified, affirmed, with twenty dollars costs and disbursements to the appellant Harry Urovsky, and without costs to the appellant Kleen-Rite Process Corporation. Settle order on notice.