In re Delehanty
New York Supreme Court
1Opinion of the CourtSaypol, J.
This is an application by James A. Delehanty, as third deputy police commissioner of the city of New York, for a warrant, pursuant to section 406 of the Civil Practice Act, committing the respondent John F. Sullivan to jail.
Section 406 of the Civil Practice Act furnishes a coercive method, utilizing the aid of the judiciary, to compel a person subpoenaed and attending or brought before a person authorized by law to hear, try or determine a matter, reasonably to be examined or to answer a legal and pertinent question. It is not the same as punishment for contempt (Judiciary Law, art. 19, §§…
2Cases cited25 opinions
- Adler v. Board of Ed. of City of New YorkSupreme Court of the United States · 1952
- McAuliffe v. Mayor and Board of AldermenMassachusetts Supreme Judicial Court · 1892
- Garner v. Board of Public Works of Los AngelesSupreme Court of the United States · 1951
- Matter of Sherrill v. . O'BrienNew York Court of Appeals · 1907
- Matter of Roge v. ValentineNew York Court of Appeals · 1939
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3Cited by11 opinions
- Fitzgerald v. CawleyDistrict Court, S.D. New York · 1973
- In re DelehantyNew York Supreme Court · 1952
- People ex rel. Devine v. ScullyAppellate Division of the Supreme Court of the State of New York · 1985
- Commission of Investigation v. LombardozziAppellate Division of the Supreme Court of the State of New York · 1958
- Crockford v. ZecherNew York Supreme Court · 1973
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