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

Appellate Division of the Supreme Court of the State of New York·Decided June 7, 1976·Published

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.

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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.

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).

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53 A.D.2d 632 (Percacciolo v. Temporary State Commission of Investigation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.