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MATTER OF DAN v. SIMONETTI

80 Misc.2d 399 (1975)

In the Matter of Stewart Dan, Petitioner, v. Anthony G. Simonetti, as Special Assistant Attorney-General in Charge of the Attica Investigation, Respondent.

Supreme Court, Erie County.

January 22, 1975

Attorney(s) appearing for the Case

Diebold & Millonzi (F. James Kane, Jr., of counsel), for petitioner. William E. Nitterauer, Special Assistant Attorney-General, for respondent.

JOSEPH S. MATTINA, J.

This is a motion by Stewart Dan, an employee of WGR-TV, a Buffalo television station, to quash and vacate the certain subpoena served on him by the Attorney-General's office requiring his testimony as to the events he observed at the Attica Correctional Facility between September 9, 1971 through September 13, 1971. Mr. Dan was sent by his TV station as a broadcast journalist to cover this...

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