Supreme Court, Appellate Division, Second Department, New York.
In the Matter of Ronni AUERBACH, Appellant,
v.
Alvin OLESH, Respondent.
Dominic A. Barbara, Nonparty Respondent.
Feb. 5, 1996.
 The Supreme Court, Nassau County, Winick, J., denied petitioner's motion to 
hold respondent and his former attorney in contempt of court for failing to obey 
subpoena.   The Supreme Court, Appellate Division, held that:  (1) motion was 
improperly denied as academic, but (2) motion was properly denied as court had 
adjourned depositions that were subject of motion.
 Affirmed.
West Headnotes
Pretrial Procedure  227
307Ak227 Most Cited Cases
Supreme Court improperly denied as academic petitioner's motion to hold 
respondent and former attorney in contempt of court for failure to obey subpoena 
for depositions, however, motion was properly denied as respondent's former 
attorney did not disobey as court had adjourned those depositions.
 **475 Kirschenbaum & Kirschenbaum, P.C., Garden City (Samuel Kirschenbaum and 
Ira Levine, of counsel), for appellant.
 Scott M. Riemer, New York City, for respondent.
 Dominic A. Barbara, Garden City (Maxine K. Last, on the brief), nonparty 
respondent pro se.
 Before BALLETTA, J.P., and O'BRIEN, RITTER, PIZZUTO and ALTMAN, JJ.
 *415 MEMORANDUM BY THE COURT.
 In a proceeding to enforce a judgment, the petitioner appeals from an order of 
the Supreme **476 Court, Nassau County (Winick, J.), dated December 5, 1994, 
which denied as academic her motion to hold the respondent, Alvin Olesh, and his 
former attorney, Dominic A. Barbara, in contempt of court for failing to obey a 
subpoena.
 ORDERED that the order is affirmed, with one bill of costs payable to the 
respondents.
 The Supreme Court improperly denied as academic the petitioner's motion to hold 
the respondent and his former attorney in contempt of court.   However, the 
motion was properly denied (see, Educational Reading Aids Corp. v. Young, 175 
A.D.2d 152, 572 N.Y.S.2d 39).   The record reveals that the respondent and his 
former attorney did not disobey a subpoena when the respondent failed to appear 
at depositions on September 8, 1994, and October 12, 1994, since the court had 
adjourned those depositions.
637 N.Y.S.2d 475, 224 A.D.2d 415
END OF DOCUMENT
Supreme Court, Appellate Division, Second Department, New York.
In the Matter of Ronni AUERBACH, Appellant,v.Alvin OLESH, Respondent.Dominic A. Barbara, Nonparty Respondent.

Feb. 5, 1996.

 The Supreme Court, Nassau County, Winick, J., denied petitioner's motion to hold respondent and his former attorney in contempt of court for failing to obey subpoena.   The Supreme Court, Appellate Division, held that:  (1) motion was improperly denied as academic, but (2) motion was properly denied as court had adjourned depositions that were subject of motion.
 Affirmed.

West Headnotes
Pretrial Procedure  227307Ak227 Most Cited Cases
Supreme Court improperly denied as academic petitioner's motion to hold respondent and former attorney in contempt of court for failure to obey subpoena for depositions, however, motion was properly denied as respondent's former attorney did not disobey as court had adjourned those depositions. **475 Kirschenbaum & Kirschenbaum, P.C., Garden City (Samuel Kirschenbaum and Ira Levine, of counsel), for appellant.
 Scott M. Riemer, New York City, for respondent.
 Dominic A. Barbara, Garden City (Maxine K. Last, on the brief), nonparty respondent pro se.

 Before BALLETTA, J.P., and O'BRIEN, RITTER, PIZZUTO and ALTMAN, JJ.


 *415 MEMORANDUM BY THE COURT.
 In a proceeding to enforce a judgment, the petitioner appeals from an order of the Supreme **476 Court, Nassau County (Winick, J.), dated December 5, 1994, which denied as academic her motion to hold the respondent, Alvin Olesh, and his former attorney, Dominic A. Barbara, in contempt of court for failing to obey a subpoena.
 ORDERED that the order is affirmed, with one bill of costs payable to the respondents.
 The Supreme Court improperly denied as academic the petitioner's motion to hold the respondent and his former attorney in contempt of court.   However, the motion was properly denied (see, Educational Reading Aids Corp. v. Young, 175 A.D.2d 152, 572 N.Y.S.2d 39).   The record reveals that the respondent and his former attorney did not disobey a subpoena when the respondent failed to appear at depositions on September 8, 1994, and October 12, 1994, since the court had adjourned those depositions.
637 N.Y.S.2d 475, 224 A.D.2d 415
END OF DOCUMENT