Opinion
Argued June 9, 1960
Decided July 8, 1960
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ARTHUR MARKEWICH, J.
Eliot H. Lumbard, Peter J. McQuillan and Nathan Skolnik for Commission of Investigation of the State of New York, appellant.
Gilbert S. Rosenthal and A.J. Jaffe for respondent.
Order affirmed; no opinion.
Concur: Chief Judge DESMOND and Judges FULD, FROESSEL, VAN VOORHIS and FOSTER. Judges DYE and BURKE dissent and vote to reverse and to reinstate the order of Special Term upon the ground that the relator's answers, superficially at least, were not false on their face but were, in fact and effect, so carefully contrived and so lacking in substance as to amount to a refusal to answer, since the net effect of the interrogation was to leave the Commission of Investigation without any useful or material information not already known concerning the so-called Apalachin meeting (cf. People ex rel. Valenti v. McCloskey, 6 N.Y.2d 390).