• frezik@midwest.social
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    2 months ago

    Judge Manchen’s April 30 order cites this case from 1983:

    https://casetext.com/case/matter-of-mccormick-v-axelrod-6

    The judge from that case considers if there should be criminal or civil penalties, and concludes that you can’t just hastily jump to criminal penalties:

    Criminal contempt, on the other hand, involves vindication of an offense against public justice and is utilized to protect the dignity of the judicial system and to compel respect for its mandates ( King v Barnes, 113 N.Y. 476). Inasmuch as the objective is deterrence of disobedience of judicial mandates, the penalty imposed is punitive in nature ( State of New York v Unique Ideas, supra). Although the line between the two types of contempt may be difficult to draw in a given case, and the same act may be punishable as both a civil and a criminal contempt, the element which serves to elevate a contempt from civil to criminal is the level of willfulness with which the conduct is carried out (compare Judiciary Law, § 753, subd A, par 3 [civil contempt], with id., § 750, subd A, par 3 [criminal contempt]; see, e.g., Sentry Armored Courier Corp. v New York City Off-Track Betting Corp., 75 A.D.2d 344). It is clear, in the present case, that the record does not support a finding of the willfulness necessary to hold respondents, particularly the Commissioner of Health, in criminal contempt. Accordingly, our further discussion is limited to the elements of civil contempt.

    And then proscribes a fine, with the amount to be split up among the petitioners. This being from 1983, I’m not sure what the fine amount was at the time, but there are several petitioners making up several infractions here.

    Accordingly, petitioners’ motion to hold respondents Commissioner of Health, Beth Rifka, Inc., and Sally Gearhart in contempt is granted, and respondents are fined in the total amount of $4,000 for which they shall be deemed jointly and severally liable to be paid to petitioners as follows: $2,500 to be paid to petitioner Louise McCormick; $1,000 to be paid to petitioner Maria Bonsignore; $500 to be paid to petitioner Theresa Coppola.