Applications for Contempt Must Comply Strictly With the Law

In Matter of Goldenstein, NYLJ, Jan. 15, 1998 the court denied a motion to punish a party or contempt because the movant failed to use the appropriate procedure of bringing an order to show cause. In Matter of Victor (supra) and Matter of Lowenstein (supra), the court emphasized that" ... all applications for contempt must comply strictly with the law" and therefore the proceeding cannot be initiated by an affirmation or affidavit of counsel. It is difficult to reconcile this strict interpretation of the requirement of SCPA 607 for a "petition" with SCPA 606 (2)'s patent implication that a new proceeding is unnecessary.