280 A.D. 542 | N.Y. App. Div. | 1952
We find no disqualification of the third deputy police commissioner. The legal right to call the appellants as witnesses exists and their refusal to testify may be deemed a contempt.
We recognize, as contended by appellants’ counsel, that a trial of this nature on specific charges involving elements of criminality requires a fair judicial hearing. However, the argument in respect to the requisites of a fair trial in relation to the order of proof need not and cannot be passed upon at this time.
The orders appealed from should be affirmed. Upon the request of counsel for all parties, leave to appeal to the Court of Appeals is granted.
Peck, P. J., Dobe, Cohn, Callahan and Van Voobhis, JJ., concur.
Order [in each proceeding] unanimously affirmed. Leave to appeal to the Court of Appeals granted.