Can the New York Department of Justice be held in contempt for failing to comply with an order of the court?
The following excerpt is from Dunn v. New York State Dept. of Labor, 47 F.3d 485 (2nd Cir. 1995):
[P]arties may be held in civil contempt for failure to comply with an order of the court if the order being enforced is clear and unambiguous, the proof of noncompliance is clear and convincing, and [the parties] have not been reasonably diligent and energetic in attempting to accomplish what was ordered.
United States v. O'Rourke, 943 F.2d 180, 189 (2d Cir.1991) (citations and internal quotations omitted).
In declining to find the NYDOL in contempt, the district court observed:
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