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MATTER OF ALEXANDER v. NEW YORK STATE COMM.

306 N.Y. 421 (1954)

In the Matter of Edwin Alexander et al., Appellants, v. New York State Commission to Investigate State Agencies in Relation to Pari-Mutuel Harness Racing, Respondent. In the Matter of Abraham Chait, Appellant, v. Bruce Bromley et al., Constituting The New York State Commission to Investigate State Agencies in Relation to Pari-Mutuel Harness Racing, Respondents. In the Matter of Burton D. Chait, Appellant, v. Bruce Bromley et al., Constituting The New York State Commission to Investigate State Agencies in Relation to Pari-Mutuel Harness Racing, Respondents. In the Matter of Sara Chait, Appellant, v. Bruce Bromley et al., Constituting The New York State Commission to Investigate State Agencies in Relation to Pari-Mutuel Harness Racing, Respondents. In the Matter of Sidney Ellis, Appellant, v. Bruce Bromley et al., Constituting The New York State Commission to Investigate State Agencies in Relation to Pari-Mutuel Harness Racing, Respondents.

Court of Appeals of the State of New York.

Decided March 12, 1954

Attorney(s) appearing for the Case

Louis B. Frutkin and Herbert Frutkin for Edwin Alexander and another, appellants.

David J. Landau for Abraham Chait, appellant.

Edward G. Bathon for Burton D. Chait, Sara Chait and Sidney Ellis, appellants.

George Trosk, Edwin L. Gasperini, Arnold A. Hackmyer and Robert D. Hughes for respondents.

LEWIS, Ch. J., CONWAY, DESMOND, FULD, FROESSEL and VAN VOORHIS, JJ., concur; DYE, J., dissents in memorandum.

Per Curiam.

There is presented to us by the record and briefs herein two narrow questions. The petitioners have been served with subpœnas and subpœnas duces tecum by the respondent commission calling for the production of certain records and papers. Concededly no issue has been presented here as to the power of the commission to conduct the present inquiry with respect to the Yonkers Raceway, nor as to the...

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