CITY OF NEW YORK v. MAUL


239 A.D.2d 225 (1997)

657 N.Y.S.2d 644

City of New York et al., Respondents, v. Thomas A. Maul, as Commissioner of The New York State Office of Mental Retardation and Developmental Disabilities, Appellant

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

May 15, 1997


Since the IAS Court inexplicably declined to find that defendant's failure to fully comply with a so-ordered stipulation requiring it to provide certain services to disabled residents of New York City was contemptuous within the meaning of section 753 of the Judiciary Law, defendant could not be fined under that statute. While we would hold that the record clearly mandates a finding to the contrary, plaintiffs' failure to appeal from the IAS Court's ruling precludes us from...

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