MATTER OF FOSTER v. MORGENTHAU

Section 752 Jud. of the Judiciary Law provides that the mandate of commitment set forth the "particular circumstances" of the offense. The failure to comply with this statutory requirement renders the commitment totally defective. (Matter of Douglas v Adel, 269 N.Y. 144; Briddon v Briddon, 229 N.Y. 452.) Since the court herein did not specify the actions which the attorneys involved committed such as would support the finding of criminal contempt, the mandate of commitment is invalid.

Concur — Carro, J.P., Asch, Fein, Milonas and Rosenberger, JJ.