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MATTER OF CORP. COUNSEL, CITY OF N. Y. v. SMITH

286 A.D. 561 (1955)

In the Matter of The Corporation Counsel of the City of New York, Respondent, v. James E. Smith et al., Appellants

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

November 7, 1955.

Attorney(s) appearing for the Case

James B. Kilsheimer, III, of counsel (Kaplan, Kilsheimer & Buckley, attorneys), for Henry Bentele, appellant.

Rachel B. Backer for James E. Smith and others, appellants.

Saul S. Nevins of counsel (Levy & Nevins, attorneys), for Sidney S. Deutsch and another, appellants.

Bruce McM. Wright of counsel (Weaver, Waters, Evans & Wright, attorneys), for Norman W. Robinson, appellant.

Paul F. Diggins, Jr., for Bernard McGrane, appellant.

Robert E. Hugh of counsel (Seymour B. Quel with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for respondent.

BASTOW, BOTEIN and COX, JJ., concur; PECK, P. J., dissents and votes to reverse and deny the motion.

BREITEL, J.

Involved in this case is the question whether an open commission may be granted to take the testimony of a nonresident witness for use in disciplinary proceedings affecting employees of the tax commission of the City of New York. Special Term allowed the commission, and the city employees who are the subjects of the disciplinary proceedings, appeal, contending that the court was without power to grant...

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