In re Quinn — 267 A.D. 913

Majority

p. 913

In the Matter of Owen M. Quinn et al., Appellants, for an Order Permitting Inspection of a Portion of the Minutes of the Proceedings of the Westchester County Grand Jury for the June, 1943, Term in a Proceeding Entitled “An Inquiry into the Fiscal Affairs of the Town of Mount Pleasant ”, and Directing the District Attorney of the County of Westchester to Produce Said Minutes and Copies Thereof for Such Inspection. Archer Guion, as Receiver of Taxes of the Town of Mount Pleasant, et al., Respondents.

In a proceeding before this court, for the removal of the respondent Guión from his office as •Receiver of Taxes of the Town of Mount Pleasant, appellants moved in the Westchester County Court for the inspection of certain Grand Jury minutes of testimony given by Guión before the Grand Jury, for use in this removal proceeding, and for other relief. The District Attorney joined in the application. The County Court denied the motion for lack of power and the appeal is from the order denying the motion. The order is reversed on the law and the facts and the motion granted. • This court determines that the Westchester County Court had the power to grant the application and that under the circumstances in this case the motion should have been granted as a matter of discretion. Close, P. J., Hagarty, Johnston, Adel and Aldrich, JJ., concur. [See post, p. 961.]