60 A.D.2d 808 | N.Y. App. Div. | 1978
Order, Supreme Court, New York County, entered on or about August 4, 1977, affirmed on the opinion of McQuillan, J., at Trial Term. Respondent shall recover of appellant $60 costs and disbursements of this appeal. Concur—Silverman, Lane and Markewich, JJ.; Kupferman, J. P., dissents in the following memorandum. Inasmuch as the respondent-appellant had a right legitimately to question the powers of the Deputy Attorney-General to issue subpoenas under subdivision 8 of section 63 of the Executive Law, and the matter was not entirely free from doubt (see Matter of Sigety v Hynes, 38 NY2d 260, revg 49 AD2d 700, and affg 49 AD2d 616), the only question we have is whether the respondent-appellant was being contumacious in refusing to produce the records for 1970-1971. If there is any doubt, the penalty