MARSHON v. CITY OF NEW YORK


88 A.D.2d 811 (1982)

Kenneth Marshon, Respondent, v. City of New York et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 8, 1982


Having failed to comply with a Family Court order of support, and being in arrears, plaintiff was adjudged in contempt and sentenced to 90 days in jail. The commitment, unfortunately, was incorrectly drawn, addressed to "the Commissioner of Corrections." Under the applicable law, civil prisoners were to be committed to custody of the Sheriff. Plaintiff was confined after November 10, 1975, under the erroneous commitment, in criminal prisons until, after a habeas corpus hearing...

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