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MATTER OF ROBINSON v. STICHMAN

18 A.D.2d 449 (1963)

In the Matter of Jerome J. Robinson, Respondent, v. Herman T. Stichman, as Special Commissioner and Special Assistant Attorney-General of The State of New York, Appellant

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

May 14, 1963.

Attorney(s) appearing for the Case

Murray I. Gurfein (Morris A. Wirth and Alan W. Rosenbluth with him on the brief), for respondent.

Arnold G. Fraiman (John W. Harris and William G. Dakin with him on the brief), Special Deputy Assistant Attorney-General and Counsel to appellant.

BOTEIN, P. J., RABIN and BERGAN, JJ., concur with EAGER, J.; STEUER, J., dissents in opinion.

EAGER, J.

The respondent, a Special Commissioner and Special Assistant Attorney-General, appeals from an order granting a motion to quash and vacate a subpœna which was served upon the petitioner in connection with an investigation being conducted by the respondent pursuant to section 6 and subdivision 8 of section 63 of the Executive Law. The subpœna was quashed upon the ground that the petitioner was immune from service of process at the...

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