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MATTER OF WUTTKE v. O'CONNOR

202 Misc. 550 (1952)

In the Matter of Gerard Wuttke, Petitioner, v. Cornelius O'Connor, as Manager of the Building Department of The Town of North Hempstead, Nassau County, Respondent.

Supreme Court, Special Term, Nassau County.

September 25, 1952.

Attorney(s) appearing for the Case

Louis G. Hart, Jr., for petitioner.

James L. Dowsey and Bertram L. Daiker for respondent.

HALLINAN, J.

In this proceeding under article 78 of the Civil Practice Act petitioner moves for an order punishing the respondent for contempt for failure to issue a building permit pursuant to the final order heretofore entered herein. Respondent justifies his failure to comply with the final order on the ground that an appeal was promptly taken and is now pending before the Appellate Division.

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