Duffy v. Schneier

Appellate Division of the Supreme Court of New York

Duffy v. Schneier

110 A.D.2d 836, 488 N.Y.S.2d 622, 1985 N.Y. App. Div. LEXIS 48739

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

DecidedApril 22, 1985

StatusPublished

This text of 110 A.D.2d 836 (Duffy v. Schneier) 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

Duffy v. Schneier, 110 A.D.2d 836, 488 N.Y.S.2d 622, 1985 N.Y. App. Div. LEXIS 48739 (N.Y. Ct. App. 1985).

Pincite

Opinion

[837]*837While respondent Davison may have the right to a judicial in camera inspection of the documents sought, we do not believe that the interest of expediting the trial permits the adoption of a procedure that bypasses CPL article 610. That article authorizes the issuance of subpoenas, provides for the method of obtaining them, serving them, and for the payment of subpoena fees and mileage. It is the exclusive procedure for obtaining a review of the documents sought under the circumstances described in this case. Lazer, J. P., O’Connor, Brown and Kunzeman, JJ., concur.

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[837]*837While respondent Davison may have the right to a judicial in camera inspection of the documents sought, we do not believe that the interest of expediting the trial permits the adoption of a procedure that bypasses CPL article 610. That article authorizes the issuance of subpoenas, provides for the method of obtaining them, serving them, and for the payment of subpoena fees and mileage. It is the exclusive procedure for obtaining a review of the documents sought under the circumstances described in this case. Lazer, J. P., O’Connor, Brown and Kunzeman, JJ., concur.

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Bluebook (online)

110 A.D.2d 836, 488 N.Y.S.2d 622, 1985 N.Y. App. Div. LEXIS 48739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duffy-v-schneier-nyappdiv-1985.