Anonymous No. 6 v. Arkwright
| Decision Date | 25 June 1958 |
| Citation | 177 N.Y.S.2d 687,152 N.E.2d 651,4 N.Y.2d 1034 |
| Parties | , 152 N.E.2d 651 Application of ANONYMOUS NO. 6, Appellant, v. George A. ARKWRIGHT, Justice of the Supreme Court, Respondent. ANONYMOUS NO. 7, Appellant, v. George A. ARKWRIGHT, Justice of the Supreme Court, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeals from Supreme Court, Appellate Division, Second Department, 6 A.D.2d 719, 176 N.Y.S.2d 227 and 6 A.D.2d 719, 176 N.Y.S.2d 228.
Proceedings were brought by Anonymous No. 6 and by Anonymous No. 7, who were licensed private detectives and investigators, for orders pursuant to the Civil Practice Act, § 1283 to review and annul determinations and mandates of the Honorable George A. Arkwright, as Justice of the Supreme Court, adjudging them guilty of criminal contempt for refusal to answer questions at a judicial inquiry, and imposing punishment. Refusals to answer were on the sole ground that their attorneys were not permitted to be present in the hearing room during the interrogations. Anonymous No. 6 and Anonymous No. 7 contended that the special facts distinguished the proceedings from prior cases, on ground that prior to being called to testify, they were informed that they were being called not merely as witnesses, and that they were being investigated, and that sufficient evidence was already available to warrant presentation thereof to a Grand Jury or District Attorney.
The Appellate Division unanimously confirmed the determinations.
Anonymous No. 6 and Anonymous No. 7 appealed to the Court of Appeals, and motions were made in the Court of Appeals to have the appeals heard on the original records and typewritten copies of the additional papers and briefs and for stays, and motions were also made in the Court of Appeals to dismiss the appeals.
In Anonymous No. 6 and Anonymous No. 7: Motion to have appeal heard upon the original record and typewritten copies of additional papers and briefs and for a stay denied.
Motion to dismiss appeal granted and appeal dismissed upon the ground that no substantial constitutional question is involved.
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