38 A.D.2d 905 | N.Y. App. Div. | 1972
Motion for a stay denied on the ground that the motion has become academic in view of the release of appellant Goodman by the Federal court pending appellate proceedings in this court. Appellants are to procure the record on appeal and appellants’ points to be served and filed on or before March 24, 1972, with notes of issue for the April, 1972 Term of this court; respondent’s points to be served and filed on or before April 7, 1972; with reply points, if any, to be served and filed on or before April 14, 1972. The District Attorney has issued a subpoena duces tecum to respondents. The latter made an application to quash the subpoena which was denied by the Supreme Court. Upon refusal of the applicants to comply with the subpoena, the court summarily fined the corporate respondest $250 and ordered imprisonment of the individual respondent for a period of 30 days. Respondents served a notice of appeal and applied to the Supreme Court for a stay of execution and for bail pending the appeal. That application was denied. Respondents then made this motion in this court for the same relief. Pending the hearing of this motion respondents applied for the same relief to a Judge of this court which was denied on the specific ground that our procedure (CPL 460.50, subd. 3) allows only one such application. A preference on the hearing of the appeal was granted. A like application was made to a Judge of the Court of Appeals and denied. Respondents then sued out a writ of habeas corpus in the United States District Court. Pursuant to that writ the individual respondent was admitted to bail pending further proceedings. While the U. S. District Court made the ruling subject to change upon further
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