PER CURIAM:
We reverse the order, without costs, and deny the motion to punish the defendant for a contempt, without costs, first, on authority of Moore v. Moore ( 142 App. Div. 459) and People ex rel. Ready v. Walsh (132 id. 462); and second, on authority of Wulff v. Wulff (151 id. 22), inasmuch as the record indicates that defendant is a fugitive, and "the court will not do a futile thing." Thomas, Mills and Putnam, JJ., concurred; Jenks, P.J., and Rich, J., concurred upon the second ground only, and dissented from the first ground, upon the dissenting opinion of Laughlin, J., in Moore v. Moore ( supra). Order reversed, without costs, and motion to punish defendant for contempt denied, without costs, first, on authority of Moore v. Moore ( 142 App. Div. 459) and People ex rel. Ready v. Walsh (132 id. 462); and second, on authority of Wulff v. Wulff (151 id. 22), inasmuch as the record indicates that defendant is a fugitive, and "the court will not do a futile thing."