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MATTER OF CAPPETTA

42 N.Y.2d 1066 (1977)

In the Matter of Seena Cappetta et al., Appellants. John J. Santucci, as District Attorney of Queens County, Respondent.

Court of Appeals of the State of New York.

Decided October 13, 1977.

Attorney(s) appearing for the Case

Melvin Rubin for appellants.

John J. Santucci, District Attorney (Jon M. Bevilacqua of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Petitioner's challenges to the two subpoenas duces tecum, one addressed to him and the other to his bank, were properly rejected.* As to the former, Supreme Court found that "petitioner is employed by the Board of Education as a municipal servant * * * he is a public servant dealing with public funds, responsible...

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