Szary v. Temporary New York State Commission of Investigation

Appellate Division of the Supreme Court of New York

Szary v. Temporary New York State Commission of Investigation

42 A.D.2d 617, 1973 N.Y. App. Div. LEXIS 4275

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

DecidedJune 1, 1973

StatusPublished

This text of 42 A.D.2d 617 (Szary v. Temporary New York 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.

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Szary v. Temporary New York State Commission of Investigation, 42 A.D.2d 617, 1973 N.Y. App. Div. LEXIS 4275 (N.Y. Ct. App. 1973).

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Opinion

Order of Special Term, insofar as it effects a modification of the subpoenas issued by respondent, stayed pending appeal pursuant to CPLR 5519 (subd. [c]). The modification of the subpoenas, even after notice had been given, was an abuse of discretion in view of our decision in Matter of McArdle v. Temporary N. Y. State Comm. of Investigation (41 A D 2d 401) in which the same grounds, advanced for similar relief, were rejected. Herlihy, P. J., Greenblott, Sweeney, Kane and Main, JJ., concur.

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Order of Special Term, insofar as it effects a modification of the subpoenas issued by respondent, stayed pending appeal pursuant to CPLR 5519 (subd. [c]). The modification of the subpoenas, even after notice had been given, was an abuse of discretion in view of our decision in Matter of McArdle v. Temporary N. Y. State Comm. of Investigation (41 A D 2d 401) in which the same grounds, advanced for similar relief, were rejected. Herlihy, P. J., Greenblott, Sweeney, Kane and Main, JJ., concur.

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Bluebook (online)

42 A.D.2d 617, 1973 N.Y. App. Div. LEXIS 4275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/szary-v-temporary-new-york-state-commission-of-investigation-nyappdiv-1973.