Appellate Division: Second Judicial Department

M65729

E/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2007-00208 Johnny's Plumbing & Heating, Inc., appellant, v Garson Brothers Construction, LLC, et al., respondents. (Index No. 05-2818)

DECISION, ORDER & JUDGMENT ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, entered November 16, 2006, (1) to adjudge Pat McKay, a court reporter, in criminal contempt of court for willful failure to comply with the lawful mandate of this court contained in the decision and order on motion of this court dated October 11, 2007, directing him, on or before November 13, 2007, to serve upon the attorney for the appellant copies of the transcripts of the trial proceedings of the above-entitled action, and (2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED and ADJUDGED that Pat McKay is guilty of criminal contempt of court by reason of having willfully failed to comply with the lawful mandate of this court that, on or before November 13, 2007, he serve upon the attorney for the appellant copies of the transcripts of the trial proceedings of the above-entitled action; and it is further,

ORDERED that on or before March 21, 2008, the appellant's attorney shall personally serve Pat McKay with a copy of this decision, order, and judgment on motion; and it is further,

ORDERED that upon his adjudication of criminal contempt of court, Pat McKay shall be imprisoned under the jurisdiction of the Sheriff of Westchester County for a period of 30 days and shall be fined the sum of $250; and it is further,

ORDERED that this decision, order, and judgment on motion shall constitute authority to any peace officer in whatever jurisdiction of the State in which Pat McKay may be found to take him into custody and thereupon deliver him into the custody of the Sheriff of Westchester County so that the term of imprisonment imposed upon the adjudication that he is in criminal contempt of court may commence; and it is further,

ORDERED that after the commencement of the sentence of imprisonment imposed above, Pat McKay may purge himself of the contempt by fully complying with the decision and order on motion of this court dated October 11, 2007, and upon the providing of the required transcripts the balance of the sentence of imprisonment shall be remitted.

ORDERED that the appellant's time to perfect the appeal is enlarged until May 5, 2008, and the record or appendix on appeal (see 22 NYCRR 670.8[c]) and the appellant's brief must be served and filed on or before that date.

RITTER, J.P., FLORIO, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court