Opinion
November 5, 1964
Article 78 proceeding unanimously dismissed. The determination sought to be reviewed is an order adjudicating the petitioner guilty of contempt of court for failure to appear before a Grand Jury as a witness in response to a subpoena served upon him. This proceeding does not lie to review such an order. (See Code Crim. Pro., § 619; CPLR 7801; Judiciary Law, § 752; Matter of Grand Jury of County of Kings [ Reardon], 278 App. Div. 206; People v. Brayer, 6 A.D.2d 437.) The order will be reviewable on an appeal which the petitioner has also taken.
Concur — Rabin, J.P., Valente, Eager and Steuer, JJ.