The appeal from order of the same court and Justice, entered November 22, 1985, confirming the Official Referee's report to the extent that it found respondent guilty of contempt but denying (with leave to renew) the Referee's recommendation for imposition of a jail sentence and fines, is dismissed as subsumed in the appeal from the order denying renewal.
We agree with the Justice at Special Term that the report of the Referee should be confirmed. That report finds George Sassower guilty of 63 counts of criminal contempt in violating and continuing to violate an order of disqualification. However, in our opinion Special Term abused its discretion by its failure to impose a sanction in the light of the continuing contempts and respondent's stated intention to continue to do so.
Accordingly, we have directed that respondent be incarcerated for 30 days, and that a warrant of commitment issue forthwith.
Concur — Kupferman, J.P., Fein, Lynch, Milonas and Ellerin, JJ.