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JAMES P. DEMAIO, ap, v. ROBERT CAPOZELLO, ET AL., RESPONDENTS def

JAMES P. DEMAIO, ap, v. ROBERT CAPOZELLO, ET AL., RESPONDENTS def — (INDEX NO. 28320/05)In an action, inter alia, to determine a claim to real property and impose a constructive trust upon that real property, the plaintiff appeals, as limited by his brief and by a letter dated February 20, 2013, from so much of an order of the Supreme Court, Suffolk County (Baisley, Jr., J.), dated October 24, 2011, as denied those branches of his motion which were to adjudicate the defendant Robert Capozello in civil and criminal contempt and to direct disclosure of certain unredacted documents from the defendants Robert Capozello and Anna Capozello.

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JAMES P. DEMAIO, ap, v. ROBERT CAPOZELLO, ET AL., RESPONDENTS def — (INDEX NO. 28320/05)In an action, inter alia, to determine a claim to real property and impose a constructive trust upon that real property, the plaintiff appeals, as limited by his brief and by a letter dated February 20, 2013, from so much of an order of the Supreme Court, Suffolk County (Baisley, Jr., J.), dated October 24, 2011, as denied those branches of his motion which were to adjudicate the defendant Robert Capozello in civil and criminal contempt and to direct disclosure of certain unredacted documents from the defendants Robert Capozello and Anna Capozello.

ORDERED that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiff’s motion which was to adjudicate the defendant Robert Capozello in civil contempt, and substituting therefore a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with one bill of costs payable by the defendants Robert Capozello and Anna Capozello to the plaintiff, and the matter is remitted to the Supreme Court, Suffolk County, for the imposition of appropriate punishment in accordance with Judiciary Law §753.

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