Citation Numbers： 33 A.D.2d 542, 304 N.Y.S.2d 429, 1969 N.Y. App. Div. LEXIS 3136
Filed Date： 10/16/1969
Status： Precedential
Modified Date： 11/1/2024
Order entered May 29, 1969, denying motion to quash and vacate a subpoena, unanimously reversed, on the law and facts, without costs or disbursements, and the proceeding is remanded for a hearing. The People failed to submit an affidavit in opposition to the application and no proof was taken on the issues presented by appellant’s papers. Accordingly, a hearing should be had to determine the facts. Concur — ■ Eager, J. P., Capozzoli, Tilzer, Nunez and McNally, JJ.