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MTR. OF COMM., INVESTIGATION v. CALISE

40 Misc.2d 867 (1963)

In the Matter of Commission of Investigation of the State of New York, Petitioner, v. Anthony Calise, Respondent.

Supreme Court, Special Term, New York County.

October 21, 1963

Attorney(s) appearing for the Case

Lanna & Coppola (Vincent W. Lanna of counsel), for respondent. Carl A. Vergari, Nathan Skolnik and Stephen Halpern for petitioner. Louis J. Lefkowitz, Attorney-General (Daniel M. Cohen of counsel), amicus curiæ.

CHARLES A. LORETO, J.

Respondent has moved to vacate the order directing his commitment (Civ. Prac. Act, § 406). If this is denied, he asks that its enforcement pending an appeal be stayed. Respondent's attorney seriously contends that the Acting Commissioners of the Temporary Commission of Investigation of this State have been and are illegally functioning; that their terms of office expired on April 30, 1963; that not having been reappointed and...

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