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MATTER OF HENDLEY

116 Misc.2d 1044 (1982)

In the Matter of H. John Hendley, as Warren County District Attorney, Petitioner. Gerald Stern, as Administrator of the State Commission on Judicial Conduct, Respondent.

Supreme Court, Warren County.

November 24, 1982

Attorney(s) appearing for the Case

H. John Hendley, District Attorney, petitioner pro se. Gerald Stern, pro se, and Albert Lawrence for Gerald Stern, respondent.

THOMAS E. MERCURE, J.

This motion presents the novel question of whether the State Commission on Judicial Conduct may issue its own subpoena for records of a District Attorney's office or whether CPLR 2307 requires a judicial subpoena.

Movant, H. John Hendley, Warren County District Attorney, moves for an order to quash and vacate two subpoenas, issued by Gerald Stern, as Administrator of the State Commission on Judicial Conduct (hereinafter called...

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