Opinion
June 6, 1960
In a special proceeding supplementary to judgment, the judgment debtor appeals from an order of the Supreme Court, Nassau County, entered January 15, 1960, adjudging him in contempt of court and fining him $880.79, plus $100 as counsel fees and $20 as costs, for violating the restrictive provisions of a subpoena duly issued and served upon him by the judgment creditors. The order permits the judgment debtor to purge himself by paying the said amounts within 20 days, and upon his failure to do so, directs him to be committed. The basis for the contempt proceeding is that between the time of the service of the subpoena and the time he was finally examined, he received and disposed of $880.79, the loan value of a policy of insurance on his life, of which his wife was the beneficiary, in violation of the restrictive provisions of section 781 of the Civil Practice Act, which was imprinted on the subpoena. Order affirmed, with costs. No opinion. Nolan, P.J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.