Percacciolo v. Temporary State Commission of Investigation

Appellate Division of the Supreme Court of New York

Percacciolo v. Temporary State Commission of Investigation

53 A.D.2d 632, 384 N.Y.S.2d 205, 1976 N.Y. App. Div. LEXIS 13338

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

DecidedJune 7, 1976

StatusPublished

This text of 53 A.D.2d 632 (Percacciolo v. Temporary State Commission of Investigation) 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

Percacciolo v. Temporary State Commission of Investigation, 53 A.D.2d 632, 384 N.Y.S.2d 205, 1976 N.Y. App. Div. LEXIS 13338 (N.Y. Ct. App. 1976).

Pincite

Opinion

In a proceeding to quash a subpoena, petitioner appeals from an "amended amended order” of the Supreme Court, Putnam County, dated March 17, 1976, which (1) dismissed the petition and (2) directed him to testify before the Temporary State Commission of Investigation. "Amended amended order” affirmed, with $50 costs and disbursements. The stay contained in the order of this court dated March 24, 1976 is hereby vacated. Appellant shall attend, testify and give evidence upon such date as shall be fixed by the respondent upon not less than 10 days’ written notice. Special Term correctly decided that petitioner must respond to the subpoena of the respondent commission, as he is not afforded a privilege to avoid said appearance. The claim of legislative privilege, if viable, is premature. Hopkins, Acting P. J., Margett, Damiani, Rabin and Hawkins, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding to quash a subpoena, petitioner appeals from an "amended amended order” of the Supreme Court, Putnam County, dated March 17, 1976, which (1) dismissed the petition and (2) directed him to testify before the Temporary State Commission of Investigation. "Amended amended order” affirmed, with $50 costs and disbursements. The stay contained in the order of this court dated March 24, 1976 is hereby vacated. Appellant shall attend, testify and give evidence upon such date as shall be fixed by the respondent upon not less than 10 days’ written notice. Special Term correctly decided that petitioner must respond to the subpoena of the respondent commission, as he is not afforded a privilege to avoid said appearance. The claim of legislative privilege, if viable, is premature. Hopkins, Acting P. J., Margett, Damiani, Rabin and Hawkins, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

53 A.D.2d 632, 384 N.Y.S.2d 205, 1976 N.Y. App. Div. LEXIS 13338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/percacciolo-v-temporary-state-commission-of-investigation-nyappdiv-1976.