IN RE: Application of the WATERFRONT COMMISSION OF NEW YORK HARBOR

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Supreme Court, Appellate Division, First Department, New York.

IN RE: Application of the WATERFRONT COMMISSION OF NEW YORK HARBOR, etc. Waterfront Commission of New York Harbor, Appellant, Raymond Lamas, Respondent.

Decided: February 18, 1999

ROSENBERGER, J.P., NARDELLI, TOM and ANDRIAS, JJ. David B. Greenfield, for appellant. Anthony J. Elitcher, for respondent.

Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered on or about September 29, 1998, which, in a proceeding to punish respondent for contempt pursuant to Article XIV of the Waterfront Commission Compact (L.1953, ch. 882, § 1) and Judiciary Law §§ 753 and 770, found, after an in camera, ex parte examination of respondent, that respondent had sufficiently justified his refusal to testify before appellant Waterfront Commission and thereupon, inter alia, denied appellant's application and dismissed the proceeding, unanimously affirmed, without costs.

The procedure employed by Supreme Court, in order to determine whether respondent's concerns for his personal safety and that of his family were sufficiently well founded to justify his refusal to testify before appellant Commission, was appropriate under the circumstances.

MEMORANDUM DECISION.