Evans v. Sturdivant

OPINION OF THE COURT

Ralph Yachnin, J.

Does section 137 and/or 137-a of the Social Services Law prohibit this court from committing the defendant for her failure to comply with a fining order in an enforcement proceeding? That is the question posed on this motion.

In September of 1977 this action was instituted for oil delivered to the defendant in the sum of $253.31. A default judgment was rendered and a subpoena to take the judgment debtor’s deposition was served. On the return date, she failed to appear and in November, 1977 an order to show cause why the defendant should not be held in…