Legal Opinion

In re Delehanty

New York Supreme Court

Decided August 20, 1952PublishedCited by 11 opinions

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

  1. Adler v. Board of Ed. of City of New YorkSupreme Court of the United States · 1952
  2. McAuliffe v. Mayor and Board of AldermenMassachusetts Supreme Judicial Court · 1892
  3. Garner v. Board of Public Works of Los AngelesSupreme Court of the United States · 1951
  4. Matter of Sherrill v. . O'BrienNew York Court of Appeals · 1907
  5. Matter of Roge v. ValentineNew York Court of Appeals · 1939

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3Cited by11 opinions

  1. Fitzgerald v. CawleyDistrict Court, S.D. New York · 1973
  2. In re DelehantyNew York Supreme Court · 1952
  3. People ex rel. Devine v. ScullyAppellate Division of the Supreme Court of the State of New York · 1985
  4. Commission of Investigation v. LombardozziAppellate Division of the Supreme Court of the State of New York · 1958
  5. Crockford v. ZecherNew York Supreme Court · 1973

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