Moore v Liander

[*1] Moore v Liander 2010 NY Slip Op 50883(U) [27 Misc 3d 137(A)] Decided on May 13, 2010 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 13, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., RIOS and STEINHARDT, JJ
2008-1989 Q C. IN THE MATTER OF SEARCH WARRANT Q425/2008,

Teddy Moore, Appellant,

against

James M. Liander, ESQ. ADA and SGT. JOHN KENNA, Respondents.

Appeal from an order of the Criminal Court of the City of New York, Queens County (Joseph A. Zayas, J.), dated June 23, 2008. The order denied petitioner's motion to hold respondents in contempt.

ORDERED that the order is affirmed without costs.

The Criminal Court properly denied, without a hearing, the motion to hold respondents "in contempt." Whether the motion is deemed a motion for civil or criminal contempt, the moving papers failed to establish, even if the factual allegations are taken as true, that the alleged contemnors violated a clear and unequivocal court mandate (see Judiciary Law § 750 [A] [3]; § 753 [A] [3]; Town of Riverhead v T.S. Haulers, Inc., 68 AD3d 1103 [2009]; Wheels Am. NY, Ltd v Montalvo, 50 AD3d 1130 [2008]; Automated Waste Disposal, Inc. v Mid-Hudson Waste, Inc., 50 AD3d 1073, 1074 [2008]; see also Giorgini v Goldfield, 22 AD3d 800 [2005]; Bowie v Bowie, 283 AD2d 1049, 1050 [1992]; cf. People v Adessa, 182 AD2d 415, 418 n 2 [1996] [no appeal lies from the denial, in a criminal proceeding, of a motion for a contempt order]).

Accordingly, the order is affirmed.

Weston, J.P., Rios and Steinhardt, JJ., concur. [*2]
Decision Date: May 13, 2010