MATTER OF LAWLOR v. ROBERTS


33 A.D.2d 542 (1969)

In the Matter of Thomas Lawlor, Appellant, v. Burton B. Roberts, as District Attorney of Bronx County, Respondent

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

October 16, 1969


Order entered May 29, 1969, denying motion to quash and vacate a subpoena, unanimously reversed, on the law and facts, without costs or disbursements, and the proceeding is remanded for a hearing.

The People failed to submit an affidavit in opposition to the application and no proof was taken on the issues presented by appellant's papers. Accordingly, a hearing should be had to determine...

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