SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
October 16, 1969
IN THE MATTER OF THOMAS LAWLOR, APPELLANT,
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.
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.
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