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MATTER OF DELEHANTY (SULLIVAN)

202 Misc. 33 (1952)

In the Matter of James A. Delehanty, as Third Deputy Police Commissioner of The City of New York, Petitioner. John F. Sullivan, Respondent.

Supreme Court, Special Term, New York County.

August 20, 1952.

Attorney(s) appearing for the Case

Denis M. Hurley, Corporation Counsel (Victor J. Herwitz, Seymour B. Quel and Milton Mollen of counsel), for petitioner.

Irving Mendelson for respondent.

James H. Tully and Truman H. Luhrman for Patrolmen's Benevolent Association of the City of New York, amicus curiæ.

SAYPOL, 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 subpœnaed and attending or brought before...

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