Application, pursuant to CPLR article 78, to review and annul respondents' determination, dated June 19, 1967, adjudging petitioner in criminal contempt and fining him the sum of $150 or, in default thereof, committing him to Civil Jail for five days, granted, the order reversed on the law and on the facts, without costs or disbursements, mandate annulled and matter remanded for a hearing. Although the papers submitted do not contain a complete transcript, there is sufficient before us to enable us to conclude that the Trial Justice should have afforded an opportunity to the attorney to present evidence which might indicate the attorney's good faith or which might have furnished justification for his statements. ( Matter of Rotwein, 291 N.Y. 116, 123; see, also, Cooke v. United States, 267 U.S. 517.)
Concur — Eager, J.P., Capozzoli, Tilzer, McNally and McGivern, JJ.