¶1Order 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. 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. Concur — ■ Eager, J. P., Capozzoli, Tilzer, Nunez and McNally, JJ.
33 A.D.2d 542
Lawlor v. Roberts
Appellate Division of the Supreme Court of the State of New York
Decided October 16, 1969
Appellate Division of the Supreme Court of the State of New York · decided 1969-10-16
Cited by 3 later decisions — most recently July 1995
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1969-10-16
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