Legal Opinion · Dissent

Ramirez v. New York State Department of Health

Appellate Division of the Supreme Court of the State of New York

Decided September 25, 1995Published

1Dissent

Santucci, J.,

dissents and votes to reverse the order appealed from and hold the respondent Orange County Department of Health in contempt of court in the following memorandum, with which Goldstein, J., concurs. I respectfully dissent and conclude that the respondent Orange County Department of Health is in contempt of court.

Judiciary Law § 753, entitled "Power of courts to punish for civil contempts” states, in pertinent part, as follows: "A court * * * has power to punish * * * a neglect or violation of duty * * * by which a right or remedy of a party to a civil action * * * may be * * *…

2Cases cited3 opinions

  1. McCormick v. AxelrodNew York Court of Appeals · 1983
  2. McCain v. DinkinsNew York Court of Appeals · 1994
  3. New York City Coalition to End Lead Poisoning v. KochAppellate Division of the Supreme Court of the State of New York · 1995

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