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RIKER v. COMMN. ON GOVT.

153 A.D.2d 158 (1990)

In the Matter of David F. Riker et al., Appellants, v. New York State Commission On Government Integrity, Respondent

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

January 25, 1990

Attorney(s) appearing for the Case

Vincent J. McArdle, Jr. (Harvey, Harvey & Mumford [Brian F. Mumford] of counsel), for appellants.

Kim E. Greene, Peter Bienstock and Andrew Schulz for respondent.

YESAWICH, JR., MERCURE and HARVEY, JJ., concur with MIKOLL, J.; KANE, J. P., dissents and votes to modify in an opinion.

MIKOLL, J.

Petitioners seek to quash subpoenas issued by respondent on the ground that respondent is a temporary State commission within the meaning of Civil Rights Law § 73 (9) which requires that at least two of its members be present during testimony of witnesses and that respondent's failure to hold such two-member hearings renders the proceedings null and void. Respondent, on the other hand, seeks...

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