From Casetext: Smarter Legal Research

Matter of Saffra v. Rockwood Park Jewish Ctr.

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1998
249 A.D.2d 480 (N.Y. App. Div. 1998)

Opinion

April 20, 1998

Appeal from the Supreme Court, Queens County (Golar, J.)


Ordered that the order is modified by deleting the provisions thereof granting attorneys' fees of $19,484 and "expenses" of $710.05; as so modified, the order is affirmed, without costs or disbursements.

The Supreme Court's direction to the appellant in the order dated July 9, 1996, to "continue paying" the respondent's salary and benefits pending a final determination of issues regarding his continued employment clearly expressed "an unequivocal mandate" ( Matter of Department of Envtl. Protection v. Department of Envtl. Conservation, 70 N.Y.2d 233; Matter of McCormick v. Axelrod, 59 N.Y.2d 574; see also, Periera v. Periera, 35 N.Y.2d 301, 308) which the appellant disobeyed. Notwithstanding that the order dated July 9, 1996, was reversed on appeal ( see, Matter of Saffra v. Rockwood Park Jewish Ctr., 239 A.D.2d 507), the Supreme Court properly determined that the appellant's partial withholding of payment from the respondent pending the outcome of the appeal constituted contempt ( see, Kamphf v. Worth, 108 A.D.2d 841; State of New York v. Congress of Racial Equality [C.O.R.E.], 92 A.D.2d 815; County of Orange v. Civil Serv. Empls. Assn., 51 A.D.2d 1031; Wilcox v. Harris, 59 How Prac 262).

However, the Supreme Court erred in granting attorneys' fees and expenses pursuant to Judiciary Law § 773, since it awarded actual damages ( see, Ellenberg v. Brach, 88 A.D.2d 899; Hardwood Dimension Mouldings v. Consolidated Edison Co., 77 A.D.2d 644; Nickolopulos v. Janoff, 268 App. Div. 829, 830).

Pizzuto, J.P., Joy, Friedmann and Florio, JJ., concur.


Summaries of

Matter of Saffra v. Rockwood Park Jewish Ctr.

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1998
249 A.D.2d 480 (N.Y. App. Div. 1998)
Case details for

Matter of Saffra v. Rockwood Park Jewish Ctr.

Case Details

Full title:In the Matter of RAPHAEL SAFFRA, Respondent, v. ROCKWOOD PARK JEWISH…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 20, 1998

Citations

249 A.D.2d 480 (N.Y. App. Div. 1998)
671 N.Y.S.2d 668

Citing Cases

Westchester Med. Ctr. v. Liberty Mut. Ins. Co.

As no actual damages have been caused by the contempt for which the plaintiff may seek separate damages, such…

Vill. of Ridge v. Town of Ramapo

On the instant appeal, the Town parties contend that the Supreme Court erred in holding them in contempt of…