Opinion
April 8, 1971
Order, Supreme Court, New York County, entered January 12, 1970, denying petitioner's motion to punish respondent for contempt for failure to comply with a subpoena duces tecum, issued by him, as modified by this court at 30 A.D.2d 784 (affd. 24 N.Y.2d 918), unanimously reversed, on the law and on the facts, without costs and without disbursements, the motion to punish respondent for contempt granted, and by reason of and in punishment for such contempt, respondent shall be imprisoned for a period of 30 days and he is also fined the sum of $250. Respondent may purge himself of contempt by compliance with the subpoena within 10 days after service of a copy of the order to be entered hereon. This court's prior order was quite specific and to the point. Therein it was stated that "the records called for by the subpoena duces tecum issued by the Commissioner of Investigation are limited prospectively as and from April 1, 1967" (italics added). This court specifically upheld the original subpoena, except for the limitation as to time, and production of the books and records called for in the said subpoena should have followed. This respondent has delayed this investigation long enough. Settle order on notice.
Concur — Stevens, P.J., Capozzoli, Kupferman and Steuer, JJ.