p. 648In the Matter of Dorothy H. Schwartz, Appellant, v. Isidore Bogen et al., Constituting the Board of Examiners of the Board of Education of the City of New York, Respondents. Argued February 10, 1972; decided March 16, 1972.
p. 649
William J. Williams for appellant.
J. Lee Bavikin, Corporation Counsel (Leonard Koerner and Stanley Buchsbaum of counsel), for respondents.
Because this court’s remittitur is involved the court retains inherent jurisdiction to review its enforcement, irrespective of the rules of nonfinality applicable to contempt orders in other contexts (see Cohen and Karger, Powers of the New York Court of Appeals, p. 37, n. 1; cf. New York Thruway Auth. v. State of New York, 25 N Y 2d 210 , 219, dispensing with the need for leave to appeal in such case). On the merits, the order should be affirmed as the courts below exercised their discretion properly in refusing to hold respondents in contempt.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gtbson.
Cases cited
- New York Thruway Authority v. State 25 N Y 2d 210 at 219 p. 649