In Matter of Peer , Marian Peer and her brother, Kevin Digney, agreed to have a third party act as guardian for their mother, who was living with Kevin.
When the guardian inquired about certain property which the mother had transferred to Kevin, the Onondaga County Supreme Court directed that an accountant be hired to audit the accounts. After Kevin supposedly refused to cooperate with that process, Peer was able to get a court order finding Kevin in contempt and directing he be imprisoned for 90 days.
On appeal, the Appellate Division, Fourth Department, was of the opinion the Supreme Court "abused its discretion" when it found Kevin failed to cooperate with the accountant. (The pertinent documents had been released prior to the court's issuance of its commitment order.)
Furthermore, since none of the parties was prejudiced -- nor suffered "'an injury requiring vindication'" -- the Supreme Court's contempt finding was reversed. And, because the mother had died while the underlying case was pending, the AD4 believed the "administration of justice" was best served by transferring the entire dispute to the Surrogate's Court.
We don't wish to Peer any further.
To download a copy of the Appellate Division's decision, please use this link: Matter of Peer