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MATTER OF DELEHANTY (GOUBEAUD)

202 Misc. 40 (1952)

In the Matter of James A. Delehanty, as Third Deputy Police Commissioner of The City of New York, Petitioner. Charles Goubeaud, Respondent.

Supreme Court, Special Term, New York County.

August 20, 1952.

Attorney(s) appearing for the Case

Denis M. Hurley, Corporation Counsel (Victor J. Herwitz, Seymour B. Quel and Milton Mollen of counsel), for petitioner.

Sydney Rosenthal and Keal Kaufman for respondent.

James H. Tully and Truman H. Luhrman for Patrolmen's Benevolent Association of the City of New York, amicus curiæ.

SAYPOL, J.

This is a companion application to that of Matter of Delehanty (Sullivan) (202 Misc. 33), decided simultaneously herewith. Here the respondent appeared before the third deputy police commissioner in response to a subpœna. He was sworn and answered a few questions. He refused, however, to answer other questions.

In addition to the contentions urged...

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