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PEOPLE v. DI NAPOLI

35 A.D.2d 28 (1970)

The People of the State of New York, Respondent, v. Vincent Peter Di Napoli et al., Appellants In the Matter of The New York State Public Service Commission, Respondent. Frank S. Hogan, District Attorney, Respondent; Vincent Peter Di Napoli et al., Appellants

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

July 7, 1970.

Attorney(s) appearing for the Case

Robert M. Callagy of counsel (Satterlee, Warfield & Stephens, and Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison, attorneys), for appellants.

Robert A. Jablon of counsel (Arthur D. Rheingold with him on the brief; Kent H. Brown, attorney), for Public Service Commission, respondent.

J. Lee Rankin, Corporation Counsel (John R. Thompson, Francis I. Howley and Martin S. Snitow with him on the brief), for the City of New York, amicus curiae.

MARKEWICH and NUNEZ, JJ., concur with McNALLY, J.; McGIVERN, J., dissents in opinion in which CAPOZZOLI, J. P., concurs.

McNALLY, J.

This appeal is from an order directing the delivery to the New York State Public Service Commission of a transcript of the minutes of the Grand Jury of the County of New York which found the indictment herein. Respondents-appellants also appeal from an order denying their motion to vacate the aforesaid order.

In August, 1968, defendants-appellants were indicted for violation of sections 340...

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