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MATTER OF DELEHANTY (SULLIVAN-GOUBEAUD)

280 A.D. 542 (1952)

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

Appellate Division of the Supreme Court of the State of New York, First Department.

September 4, 1952.

Attorney(s) appearing for the Case

Herbert Edelhertz of counsel (Irving Mendelson, attorney), for John F. Sullivan, appellant.

Victor J. Herwitz of counsel (Seymour B. Quel and Milton Mollen with him on the brief; Denis M. Hurley, Corporation Counsel, attorney), for respondent in first proceeding.

Sydney Rosenthal of counsel (Keal Kaufman with him on the brief; Sydney Rosenthal, attorney), for Charles Goubeaud, appellant.

Seymour B. Quel of counsel (Victor J. Herwitz and Milton Mollen with him on the brief; Denis M. Hurley, Corporation Counsel, attorney), for respondent in second proceeding.

PECK, P. J., DORE, COHN, CALLAHAN and VAN VOORHIS, JJ., concur.

Per Curiam.

We find no disqualification of the third deputy police commissioner. The legal right to call the appellants as witnesses exists and their refusal to testify may be deemed a contempt.

Both of these appellants expressly deny claiming immunity upon the ground that their testimony might tend to incriminate them, but claim that they may not be compelled to testify...

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