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MATTER OF HAYDON v. PROSKAUER

281 A.D. 483 (1953)

In the Matter of Charles Haydon, Appellant, v. Joseph M. Proskauer et al., Constituting The New York State Crime Commission, Respondents

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

April 7, 1953.

Attorney(s) appearing for the Case

Charles F. Preusse for appellant.

Ben A. Matthews of counsel (Jerome G. Shapiro, Arnold A. Hackmyer and Sheldon S. Levy with him on the brief; Ben A. Matthews, Special Assistant Attorney-General and Chief Counsel to the New York State Crime Commission, attorney), for respondents.

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

BERGAN, J.

The New York State Crime Commission, constituted by the Governor in pursuance of subdivision 8 of section 63 of the Executive Law, subpœnaed and extensively examined one Thomas Luchese on seven occasions, beginning August 29, 1951.

Luchese was subpœnaed at a public hearing for November 14th. He moved at Special Term to vacate the subpœna, alleging its invalidity. The commission...

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