Satirical artist found in contempt for using judge's photo on flier
By The Associated Press
08.02.02
MONTICELLO, N.Y. — An artist who distributed fliers with photos of a local judge was ruled in contempt of court.
Franciszek Kulon used the fliers to advertise his new art gallery and the auction of a satirical painting depicting Liberty Town Justice Jeffrey Altbach as a horned devil.
Altbach had sued Kulon for defamation and unauthorized use of his image in the painting.
A court order then forbade Kulon from distributing, reproducing or doing anything more with the painting or any other likeness of Altbach.
In June, Sullivan County state Supreme Court Justice Anthony Kane found that order was too broad, and Kulon could do as he wished with the painting or copies of it.
Kulon had distributed the fliers last February.
After a hearing this week, Kane ruled those fliers, which also used Altbach's Yellow Pages ad, showed willful contempt. He fined Kulon $750 and ordered him to pay Altbach's attorney's fees of $3,600.
"We still think Kulon has the right under the First Amendment to portray Altbach as he sees fit, and to use his Yellow Pages ad," said Kulon's lawyer, Stephen Bergstein. Kulon plans to appeal the ruling, he said.
Gerald Orseck, Altbach's lawyer, told The Times Herald-Record of Middletown that if Kulon does not follow the judge's decision, he and his client will have "no hesitation or compunction to submit an order to the court for his incarceration."