Anonymous No. 6, Application of

Decision Date26 May 1958
Citation176 N.Y.S.2d 227,6 A.D.2d 719
PartiesApplication 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.
CourtNew 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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4 cases
  • Anonymous Nos and v. Baker
    • United States
    • U.S. Supreme Court
    • 15 Junio 1959
    ...for contempt, carrying a sentence of 30 days' imprisonment, followed.3 The Appellate Division affirmed, Application of Anonymous No. 6, 6 A.D.2d 719, 176 N.Y.S.2d 227, and the New York Court of Appeals, finding that 'no substantial constitutional question is involved,' dismissed ensuing app......
  • Judicial Inquiry, In re
    • United States
    • New York Supreme Court — Appellate Division
    • 6 Octubre 1958
    ...leave to appeal denied 4 N.Y.2d 676, 173 N.Y.S.2d 1025; Anonymous v. Arkwright, 5 A.D.2d 792, 170 N.Y.S.2d 538; Anonymous No. 6 v. Arkwright, 6 A.D.2d 719, 176 N.Y.S.2d 227; Anonymous No. 7 v. Arkwright, 6 A.D.2d 719, 176 N.Y.S.2d made is embodied in a written order (Scognamiglio v. Consoli......
  • Shaw, Application of
    • United States
    • New York Supreme Court — Appellate Division
    • 21 Marzo 1961
    ...Baker, 360 U.S. 287, 79 S.Ct. 1157, 3 L.Ed.2d 1234; (S.) Anonymous v. Arkwright, 5 A.D.2d 792, 170 N.Y.S.2d 538; Anonymous No. 6 v. Arkwright, 6 A.D.2d 719, 176 N.Y.S.2d 227, appeal dismissed 4 N.Y.2d 1034, 177 N.Y.S.2d A trial was had on the charges against petitioner before the Medical Gr......
  • Anonymous No. 6 v. Arkwright
    • United States
    • New York Court of Appeals Court of Appeals
    • 25 Junio 1958
    ...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, ... ...

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