Di Biasi v. Schweitzer

Appellate Division of the Supreme Court of New York

Di Biasi v. Schweitzer

22 A.D.2d 684, 253 N.Y.S.2d 425, 1964 N.Y. App. Div. LEXIS 2878

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 30, 1964

StatusPublished

This text of 22 A.D.2d 684 (Di Biasi v. Schweitzer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Di Biasi v. Schweitzer, 22 A.D.2d 684, 253 N.Y.S.2d 425, 1964 N.Y. App. Div. LEXIS 2878 (N.Y. Ct. App. 1964).

Pincite

Opinion

Petition, seeking an annulment of an order dated October 1, 1964 adjudging petitioner to be in criminal contempt of court and further seeking a vacatur or modification of an order dated September 17, 1964 holding him in $25,000 bail as a material witness, unanimously dismissed. The record establishes that the petitioner refused to testify before the Grand Jury pursuant to subpoena, despite the fact that he was offered immunity in a situation where such immunity could be validly conferred. As a result, the adjudication of contempt was properly made. The relief sought with respect to the order holding petitioner as a material witness is not available in this proceeding. In any event, no evidence is offered to indicate the impropriety of such order. Concur — Botein, P. J., Breitel, Rabin, Eager and Steuer, JJ.

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Petition, seeking an annulment of an order dated October 1, 1964 adjudging petitioner to be in criminal contempt of court and further seeking a vacatur or modification of an order dated September 17, 1964 holding him in $25,000 bail as a material witness, unanimously dismissed. The record establishes that the petitioner refused to testify before the Grand Jury pursuant to subpoena, despite the fact that he was offered immunity in a situation where such immunity could be validly conferred. As a result, the adjudication of contempt was properly made. The relief sought with respect to the order holding petitioner as a material witness is not available in this proceeding. In any event, no evidence is offered to indicate the impropriety of such order. Concur — Botein, P. J., Breitel, Rabin, Eager and Steuer, JJ.

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Bluebook (online)

22 A.D.2d 684, 253 N.Y.S.2d 425, 1964 N.Y. App. Div. LEXIS 2878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/di-biasi-v-schweitzer-nyappdiv-1964.