CPLR § 5221 Where enforcement proceeding commenced
(a) Court and county in which proceeding commenced
other case, if the judgment sought to be enforced was entered in any
court of this state, a special proceeding authorized by this article
shall be commenced, either in the supreme court or a county court, in a
county in which the respondent resides or is regularly employed or has
a place for the regular transaction of business in person or, if there
is no such county, in any county in which he may be served or the
county in which the judgment was entered.
CPLR § 5210 Power of court to punish for contempt
CPLR R. 5224 Subpoena; procedure
Citibank, N.A. v Angst, Inc., 2009 NY Slip Op 02841 (App. Div., 1st, 2009)
CPLR 5221(a)(4) did not require that judgment creditor seek enforcement
of its subpoena by way of a special proceeding returnable in the county
of judgment debtor's residence, regular employment or place of
business. A contempt motion under CPLR 5210 to enforce a CPLR 5224
subpoena served on a judgment debtor is not an enforcement device that
requires institution of a special proceeding, and judgment creditor
properly made its contempt motions returnable in Supreme Court, New
York County, which issued the judgment sought to be enforced (see CPLR 5221[b]; Judiciary Law § 756; Coutts Bank [Switzerland] v Anatian,
275 AD2d 609, 611 [2000] [Sullivan, J., concurring]). Since the
February 8, 2008 commitment order was entered to uphold the dignity of
the court, not collect on a judgment, the automatic stay provisions of
11 USC § 362 do not apply (see In re Altchek, 124 BR 944,
959 [SD NY 1991]). We note that judgment debtor's opening brief
contains factual assertions without supporting references to the record
or appendix, contrary to the rules governing appeals (CPLR 5528[b],
5528[a][3]; 22 NYCRR 600.10[d][2][iii]).
The bold is mine.
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