MTR. CUNNINGHAM v. NADJARI


39 N.Y.2d 314 (1976)

In the Matter of Patrick J. Cunningham, Appellant, v. Maurice H. Nadjari, as Deputy Attorney-General of the State of New York, Respondent. In the Matter of Jerry L. Crispino, Appellant, v. Maurice H. Nadjari, as Deputy Attorney-General of the State of New York, Respondent. In the Matter of Gerald V. Esposito, Appellant, v. Maurice H. Nadjari, as Deputy Attorney-General of the State of New York, Respondent. In the Matter of Paul Victor, Appellant, v. Maurice H. Nadjari, as Deputy Attorney-General of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided April 1, 1976.


Attorney(s) appearing for the Case

Gregory J. Perrin for Patrick J. Cunningham, Hal Meyerson for Jerry L. Crispino and Max Wild for Gerald V. Esposito, appellants.

Charles Haydon for Paul Victor, appellant.

Maurice H. Nadjari, Deputy Attorney-General, Special State Prosecutor, pro se (Bennett L. Gershman, Allen G. Swan and Walter F. Bottger of counsel), for Maurice H. Nadjari, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.


Per Curiam.

Order of the Appellate Division affirmed, without costs.

Preliminary objection to the direct appealability of the orders is raised by respondents. It is true that the direct appealability of orders granting or denying motions to quash subpoenas in criminal investigations and actions has a peculiar analytical basis. However, since 1936 in a series of cases...

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