Order reversed, without costs, and matter remitted to Special Term for reconsideration.
The apparent reason given by Special Term for denying the motion was that contempt proceedings do not lie for violation of an oral decision. Reliance for the denial was placed on Matter of People ex rel. Donnelly v. Miller (213 App. Div. 88). What was said in the opinion in that case as to the necessity for a written mandate was dicta. The opinion states no determination...
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