Ward v. McQuillan

Appellate Division of the Supreme Court of New York

Ward v. McQuillan

40 A.D.2d 974, 339 N.Y.S.2d 427, 1972 N.Y. App. Div. LEXIS 2985

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

DecidedDecember 28, 1972

StatusPublished

Cited by2 cases

This text of 40 A.D.2d 974 (Ward v. McQuillan) 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

Ward v. McQuillan, 40 A.D.2d 974, 339 N.Y.S.2d 427, 1972 N.Y. App. Div. LEXIS 2985 (N.Y. Ct. App. 1972).

Pincite

Opinion

In this article 78 proceeding to compel the issuance of subpoenas for the production of certain records the petition is dismissed, without costs and without disbursements. An article 78 proceeding may not be employed to review a determination which was made in a criminal matter. (CPLR 7801; Matter of Wilson v. Galucci, 32 A D 2d 784.) CPLR 2307 outlines the proper procedure for the enforcement of an application for a subpoena duces tecum. (Also see CPL 610.20, subd. 3.) Concur — Stevens, P. J., Steuer, Tilzer and Capozzoli, JJ.; Murphy, J. concurs in the following memorandum: I concur, but would add that if this matter were properly before the court I would vote to direct the issuance of the subpoena.

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

In this article 78 proceeding to compel the issuance of subpoenas for the production of certain records the petition is dismissed, without costs and without disbursements. An article 78 proceeding may not be employed to review a determination which was made in a criminal matter. (CPLR 7801; Matter of Wilson v. Galucci, 32 A D 2d 784.) CPLR 2307 outlines the proper procedure for the enforcement of an application for a subpoena duces tecum. (Also see CPL 610.20, subd. 3.) Concur — Stevens, P. J., Steuer, Tilzer and Capozzoli, JJ.; Murphy, J. concurs in the following memorandum: I concur, but would add that if this matter were properly before the court I would vote to direct the issuance of the subpoena.

Cite This Page — Counsel Stack

Bluebook (online)

40 A.D.2d 974, 339 N.Y.S.2d 427, 1972 N.Y. App. Div. LEXIS 2985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ward-v-mcquillan-nyappdiv-1972.

Opinion

Related

Cite This Page — Counsel Stack