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MATTER THOMAS LAWLOR v. BURTON B. ROBERTS (10/16/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT


October 16, 1969

IN THE MATTER OF THOMAS LAWLOR, APPELLANT,
v.
BURTON B. ROBERTS, AS DISTRICT ATTORNEY OF BRONX COUNTY, RESPONDENT

Concur -- Eager, J. P., Capozzoli, Tilzer, Nunez and McNally, JJ.

The People failed to submit an affidavit in opposition to the application and no proof was taken on the issues presented by appellant's papers. Accordingly, a hearing should be had to determine the facts.

Disposition

Order entered May 29, 1969, denying motion to quash and vacate a subpoena, unanimously reversed, on the law and facts, without costs or disbursements, and the proceeding is remanded for a hearing.

19691016

© 1998 VersusLaw Inc.



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