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THOMAS ANTONACCI, ET AL., APPELLANTS, v. FRANK ANTONACCI, ET AL., RESPONDENTS.

DECISION ORDER

ORDERED that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

"An application to punish a party for contempt is addressed to the sound discretion of the court" (Educational Reading Aids Corp. v. Young, 175 A.D.2d 152). The Supreme Court providently exercised its discretion in declining to find the defendants in contempt (see, Matter of Whiteco Metrocom Div. of Whiteco Industries, Inc. v. Lambert, 221 A.D.2d 750).

Furthermore, since the action centered around a certain parcel of real property located in Suffolk County, the court properly transferred the action to that county. Pursuant to CPLR 507, "[t]he place of trial of an action in which the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property shall be in the county in which any part of the subject of the action is situated".

The plaintiffs' remaining contentions are without merit.

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ANTONACCI v. ANTONACCI
(Jun 5, 2000)