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CALLANAN INDUS. v. WHITE

123 A.D.2d 56 (1986)

In the Matter of Callanan Industries, Inc., Respondent, v. Franklin E. White, as Commissioner of Transportation of The State of New York, Respondent, and Darrell W. Harp et al., Appellants

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

December 31, 1986

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Richard J. Dorsey, O. Peter Sherwood and Peter H. Schiff of counsel), for appellants.

Hayes & Hayes (Harry R. Hayes of counsel), for respondent.

MAHONEY, P. J., CASEY, YESAWICH, JR., and LEVINE, JJ., concur.

MIKOLL, J.

The issue herein is whether Supreme Court properly determined that both Darrell W. Harp, Assistant Commissioner of Legal Affairs for the Department of Transportation (hereinafter Department), and the Department were in contempt of a January 9, 1986 order to show cause which contained the following provision: "in the meantime and until the determination of the application brought on by this order to...

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