Ordered that the matter is remitted to the Supreme Court, Richmond County, for clarification of the order dated July 8, 2008, with respect to the issue of contempt, and the appeals are held in abeyance. The Supreme Court shall file its report with all convenient speed ( see Glickman v Sami, 146 AD2d 671).
Among other things, the defendant moved to hold nonparty James Orozco in contempt pursuant to Judiciary Law § 756, based on Orozco's alleged disobedience of a subpoena duces tecum. In its order dated July 8, 2008, the Supreme Court mischaracterized the motion as one seeking to hold the plaintiffs attorney in contempt, and granted that relief, which was not requested. In addition, the Supreme Court stated that the plaintiff was held in contempt as well. The Supreme Court did not address the merits of the motion with respect to nonparty Orozco. Under the circumstances, we deem it appropriate to remit the matter to the Supreme Court, Richmond County, for a clarification of the order dated July 8, 2008, with respect to the issue of contempt.