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PEOPLE EX REL. VALENTI v. McCLOSKEY

8 N.Y.2d 959 (1960)

The People of the State of New York ex rel. Costenze P. Valenti, Respondent, v. John J. McCloskey, as Sheriff of the City of New York and/or Warden of the New York County Civil Jail, Respondent, and Commission of Investigation of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1960.

Attorney(s) appearing for the Case

Eliot H. Lumbard, Peter J. McQuillan and Nathan Skolnik for Commission of Investigation of the State of New York, appellant.

Gilbert S. Rosenthal and A. J. Jaffe for respondent.

Concur: Chief Judge DESMOND and Judges FULD, FROESSEL, VAN VOORHIS and FOSTER. Dissent: Judges DYE and BURKE.

Order affirmed; no opinion.

Judges DYE and BURKE dissent and vote to reverse and to reinstate the order of Special Term upon the ground that the relator's answers, superficially at least, were not false on their face but were, in fact and effect, so carefully contrived and so lacking in substance as to amount to a refusal to answer, since the net effect of the interrogation was to leave the Commission of Investigation without...

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