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Matter of Kennedy v. Curran

Court of Appeals of the State of New York
Jul 3, 1973
301 N.E.2d 438 (N.Y. 1973)

Opinion

Argued July 3, 1973

Decided July 3, 1973

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN H. PENNOCK, J.

Richard A. Kohn for appellant.

Joseph Fisch, Nathan Skolnik and Louis N. Smigel for respondents.


Order affirmed, without costs, in the following memorandum: We agree with the Appellate Division that the subpoena served upon petitioner was improperly quashed by the court at Special Term. The commission's scheduling of his examination in New York City was eminently proper. (L. 1958, ch. 989, § 2, subd. 11, par. a; see, e.g., Matter of Ryan v. Temporary State Comm. of Investigation, 12 N.Y.2d 708; Matter of Ryan v. Lefkowitz, 18 N.Y.2d 977.) It is only necessary to add that issuance of a subpoena does not violate the privilege against self incrimination provision of either the State or Federal Constitution and that any question of plaintiff's immunity arises only upon assertion by the witness of his privilege following his attendance at the examination in response to the subpoena. (See, e.g., Matter of Boikess v. Aspland, 24 N.Y.2d 136.)

Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.


Summaries of

Matter of Kennedy v. Curran

Court of Appeals of the State of New York
Jul 3, 1973
301 N.E.2d 438 (N.Y. 1973)
Case details for

Matter of Kennedy v. Curran

Case Details

Full title:In the Matter of KENNETH KENNEDY, Appellant, v. PAUL J. CURRAN et al.…

Court:Court of Appeals of the State of New York

Date published: Jul 3, 1973

Citations

301 N.E.2d 438 (N.Y. 1973)
301 N.E.2d 438
347 N.Y.S.2d 455