In People v. Kirkham, 273 AD2d 509 [3d Dept 2000]the defendant was charged with, among other things, criminal contempt stemming from an incident wherein he allegedly violated an order of protection. The indictment did not expressly state that the case did not stem from a labor law dispute. The Appellate Division, Third Department, in its one page decision, summarily concluded that language concerning labor disputes in the statute defining criminal contempt in the second degree "must be characterized as an exception rather than a proviso because it excludes certain matters from its scope absolutely." (People v. Kirkham, 273 AD2d 509 [3d Dept 2000].)