Szary v. Temp. N.Y. St. Comm. of Investigation

Full title: GEORGE SZARY, SR., et al., Petitioners, v. TEMPORARY NEW YORK STATE…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 1, 1973

42 A.D.2d 617 (N.Y. App. Div. 1973)

Opinion

June 1, 1973

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.