
    (63 Misc. Rep. 24.)
    In re LANDIS MACH. CO. LANDIS MACH. CO. v. WILLCHINSKI.
    (City Court of New York, Special Term.
    April, 1909.)
    Execution (§ 418) — Supplementary Proceedings — Motion to Punish for Contempt.
    A motion to punish as for contempt for failing to appear for supplementary proceedings must, under Code Civ. Proc. § 2457, be made to the judge of the court out of which execution was issued, and where a judgment in the municipal court by filing a transcript became a judgment of the Supreme Court, out of which the execution issued, a motion to punish the debtor for contempt for failing to appear under an order of the City Court of New York must be in the Supreme Court.
    [Ed. Note.—For other cases, see Execution, Dec. Dig. § 418.]
    Action by the Landis Machine Company against Stephen Willchinski. Judgment for plaintiff. Application in the matter of supplementary proceedings to punish defendant for contempt in failing to appear for examination.
    Denied.
    Maxson & Jones, for the motion.
    Stephen Willchinski, opposed.
    
      
      For other cases see same topic & § number in Dec. & Am. Digs. 1907 to date, & Rep’r Indexes
    
   LA FETRA, J.

This is a motion to punish a judgment debtor as for a contempt for his failure to appear November 20, 1908, the day to "which his examination under an order of this court had been adjourned. The judgment upon which this proceeding is based was obtained in the Municipal Court, Borough of Manhattan, Ninth District, and became a judgment of the Supreme Court, out of which an execution was issued. A motion to punish as for a contempt should be made to the judge of the court or the court “out of which the execution was issued.” See Code Civ. Proc. § 2457; Matter of Backus, 91 App. Div. 266, 86 N. Y. Supp. 638, affirmed 179 N. Y. 571, 72 N. E. 1139.

Motion denied.  