Proceeding under article 78 of the Civil Practice Act to review an order of respondent, a Justice of the Municipal Court of the City of New York, adjudging petitioner guilty of contempt of court. Order annulled and fine remitted, without costs. Mae Harding, intervener respondent, sued Morris H. Siegel, petitioner, in the Municipal Court of the City of New York, Borough of Queens, for ninety-five dollars for money had and received, and for a like amount as a penalty under section 127 Ins. of the Insurance Law. A violation of that section is a crime and also subjects the violator to a penalty. At an examination of the defendant before trial, held before the respondent Justice, defendant invoked his constitutional privilege by refusing to answer certain questions on the ground that the answers might tend to show that he was guilty of a crime and to subject him to a penalty or forfeiture. His position in that respect was sound and proper ( People ex rel. Taylor v. Forbes, 143 N.Y. 219, 228; People v. Priori, 164 N.Y. 459, 466; Gadsden v. Woodward, 103 N.Y. 242, 244; Matter of Peck v. Cargill, 167 N.Y. 391, 395), and the Justice had no power to deprive the witness of his privilege (cases supra). Hagarty, Carswell, Adel, Taylor and Lewis, JJ., concur.