Commission of Investigation of State of N. Y. v. Lombardozzi
| Decision Date | 13 March 1959 |
| Citation | 158 N.E.2d 250,185 N.Y.S.2d 550,5 N.Y.2d 1026 |
| Parties | , 158 N.E.2d 250 COMMISSION OF INVESTIGATION OF STATE OF NEW YORK, Respondent, v. Carmine LOMBARDOZZI et al., Appellants. COMMISSION OF INVESTIGATION OF STATE OF NEW YORK, Respondent, Frank Joseph Frank Joseph VALENTI et al., Appellants. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 7 A.D.2d 48, 180 N.Y.S.2d 496.
Applications were made by the Commission of Investigation of the State of New York to commit witnesses, who refused to answer questions in hearing before Commission of Investigation, to jail pursuant to Section 406 of the Civil Practice Act.
The Supreme Court, Special Term, Net York County, entered orders committing the witnesses to jail for refusing to answer questions, and they appealed.
The Appellate Division, Bastow, J., 7 A.D.2d 48, 180 N.Y.S.2d 496, affirmed the orders and held that precipitate haste with which proceedings against certain of the witnesses had been conducted could not be approved, but that since the Special Term had been correct in its legal decisions and in the action taken, there was no prejudice to those witnesses amounting to a denial of due process when they were denied adjournment so that their counsel could examine the law and submit briefs after they had been brought before the Special Term on the same day on which they had been called to testify.
The Appellate Division, 7 A.D.2d 721, 181 N.Y.S.2d 178, granted motion for leave to appeal to the Court of Appeals.
The witnesses appealed to the Court of Appeals, and motion was made in the Court of Appeals for a stay and for an order admitting the witnesses to bail.
The Court of Appeals denied motion for a stay and for an order admitting witnesses to bail.
Orders affirmed (Knapp v. Schweitzer, 357 U.S. 371, 380-381, 78 S.Ct,. 1302, 2 L.Ed.2d 1393).
All concur.
To continue reading
Request your trial
-
United States v. Bufalino
...them. After their indefinite confinement had withstood attack in the New York State courts, Commission of Investigation v. Lombardozzi, 1959, 5 N.Y.2d 1026, 185 N.Y.S.2d 550, 158 N.E.2d 250, appeal dismissed as moot sub nom., Castellano v. Commission of Investigation, 1959, 361 U.S. 7, 80 S......
-
Board of Ed. of City of New York v. Allen
...Apalachin visitors for their refusal to answer truthfully questions relevant to an official investigation. Commission of Investigation v. Lombardozzi, 5 N.Y.2d 1026, 185 N.Y.S.2d 550. These cases clearly indicate that the Commissioner's determination that the refusal to answer the questions......
-
Mayor of City of New York v. Council of City of New York
...Investigation of State of New York by Lane v. Lombardozzi, 7 A.D.2d 48, 54, 180 N.Y.S.2d 496 [1st Dept. 1958], affd., 5 N.Y.2d 1026, 185 N.Y.S.2d 550, 158 N.E.2d 250 [1959]; Locust Club of Rochester v. City of Rochester, 22 N.Y.2d 802, 292 N.Y.S.2d 903, 239 N.E.2d 646, affg. on opn. below 2......
-
People ex rel. Valenti v. McCloskey
...the twenty-six questions (Commission of Investigation of State by Lane v. Lombardozzi, 7 A.D.2d 48, 180 N.Y.S.2d 496, affirmed 5 N.Y.2d 1026, 185 N.Y.S.2d 550). After the State Court of Appeals ruled, on March 13, 1959, that the seven men had been properly detained, relators alone of the se......