Anonymous No. 6, Application of
Decision Date | 26 May 1958 |
Citation | 176 N.Y.S.2d 227,6 A.D.2d 719 |
Parties | Application of ANONYMOUS NO. 6, Petitioner, for an order pursuant to Article 78 of the Civil Practice Act, to review and annul the determination and mandate of the Honorable George A. Arkwright, as Justice of the Supreme Court, Respondent. |
Court | New York Supreme Court — Appellate Division |
Proceeding to review a determination adjudging petitioner, a licensed private detective and investigator, guilty of a criminal contempt for refusing to answer questions at a judicial inquiry, and imposing punishment. Refusal to answer was on the sole ground that petitioner's attorney was not permitted to be present in the hearing room during the interrogation. Petitioner contends that special facts distinguish this proceeding from Anonymous (M.) v. Arkwright, 5 A.D.2d 790, 170 N.Y.S.2d 535, and Anonymous (S.) v. Arkwright, 5 A.D.2d 792, 170 N.Y.S.2d 538, leave to appeal denied in both proceedings, 1958, 4 N.Y.2d 676, 173 N.Y.S.2d 1025, in that petitioner, prior to being called to testify, was informed that he was being called not merely as a witness but that he was being investigated and that sufficient evidence was already available to warrant presentation thereof to a Grand Jury or District Attorney. Determination unanimously confirmed, without costs. No opinion.
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Anonymous No. 6 v. Arkwright
...177 N.Y.S.2d 687 ... 4 N.Y.2d 1034, 152 N.E.2d 651 ... Application of ANONYMOUS NO. 6, Appellant, ... George A. ARKWRIGHT, Justice of the Supreme Court, Respondent ... ANONYMOUS NO. 7, Appellant, ... George A. ARKWRIGHT, Justice of the Supreme Court, Respondent ... Court of Appeals of New York ... June 25, 1958 ... Appeals from Supreme Court, ... ...