
    In the Matter of Proceedings Supplementary to Execution under a Judgment in Favor of Anna Hand, Respondent, against Ortschreib Building Corporation and Others, Defendants, and Municipal Bank and Trust Company and Others, Appellants.
   Order modified by eliminating therefrom that part which adjudges

Emanuel Cohon to be guilty of a contempt of court and fines him the sum of $100, and as so modified affirmed, without costs. We are of opinion that the subpoena duces tecum served upon said Cohon was ineffectual. (Civ. Prac. Act, § 411.) Further, the proceedings for the punishment of Cohon for a contempt, if there was a contempt, are regulated by the provisions of the Judiciary Law, section 757. Young, Kapper and Hagarty, JJ., concur; Carswell, J., with whom Seudder, J., concurs, dissents as to the affirmance of so much of the order as adjudges the defendant bank in contempt, being of opinion that there should be a new and impartial hearing on the honesty of the bank’s excuse, which impartial hearing the bank did not receive. They, however, concur in the modification as to defendant Cohon.  