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MATTER OF BARBARA

14 Misc.2d 223 (1958)

In the Matter of the Application of Joseph Barbara, Sr., to Vacate Service of a Subpœna Issued by the Commission of Investigation of the State of New York.

Supreme Court, Special Term, Tioga County.

December 5, 1958.

Attorney(s) appearing for the Case

Travis & Whiting for petitioner.

Eliot H. Lumbard for the commission.

DANIEL J. McAVOY, J.

This is an application by petitioner, Joseph Barbara, Sr., to set aside and vacate the alleged service of a subpœna upon him by the Commission of Investigation of the State of New York.

The petitioner contends that there was no personal service of the subpœna upon him as required by law; that a copy of section 73 of the Civil Rights Law and a general statement containing...

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