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MATTER OF HOLMES v. WINTER

10542N, Index No. 3003713.

110 A.D.3d 134 (2013)

970 N.Y.S.2d 766

2013 NY Slip Op 5666

In the Matter of JAMES HOLMES, Respondent, v. JANA WINTER, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided August 20, 2013.

Attorney(s) appearing for the Case

Hogan Lovells US LLP, Washington, DC ( Christopher T. Handman of the bars of the District of Columbia and the State of Maryland, admitted pro hac vice, of counsel), and Hogan Lovells US LLP, New York City ( Dori Ann Hanswirth , Theresa M. House , Nathaniel S. Boyer and Benjamin A. Fleming of counsel), for appellant.

Arshack, Hajek & Lehrman, PLLC, New York City ( Daniel N. Arshack of counsel), for respondent.

Levine Sullivan Koch & Schulz, LLP, New York City ( Katherine M. Bolger of counsel), for amici curiae.

OPINION OF THE COURT

CLARK, J.

In this appeal, the question presented is whether the Supreme Court erred in its determination to enforce a subpoena under the Uniform Act to Secure the Attendance of Witnesses from Without the State in Criminal Cases (CPL 640.10) when the witness's testimony potentially involves the assertion of privilege provided by Civil Rights Law § 79-h (b). We find that the Supreme Court acted properly in directing respondent to...

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