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MTR. OF COMM. OF INVEST. v. SCALISH

21 Misc.2d 389 (1960)

In the Matter of the Commission of Investigation of the State of New York, Petitioner, v. John Scalish, Respondent.

Supreme Court, Special Term, New York County.

January 7, 1960.

Attorney(s) appearing for the Case

Eliot H. Lumbard, Chief Counsel, Commission on Investigation (Nathan Skolnik and Peter J. McQuillan of counsel), for petitioner.

George Feit and Robert Louis Cohen for respondent.

THOMAS C. CHIMERA, J.

This application, pursuant to subdivision 2 of section 406 of the Civil Practice Act, for the issuance of a warrant of attachment of the person of respondent, John Scalish, for failure to honor the subpœna of the Commission of Investigation of the State of New York, petitioner, is resisted on two grounds: (1) immunity from service, and (2) nonservice.

Respondent, one of the visitors to the highly publicized Apalachin...

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