Majority
p. 542In the Matter of Thomas Lawlor, Appellant, v. Burton B. Roberts, as District Attorney of Bronx County, Respondent.
Order entered May 29, 1969, denying motion to quash and vacate a subpoena, unanimously reversed, on the law and facts, without costs or disbursements, and the proceeding is remanded for a hearing. The People failed to submit an affidavit in opposition to the application and no proof was taken on the issues presented by appellant’s papers. Accordingly, a hearing should be had to determine the facts. Concur — ■ Eager, J. P., Capozzoli, Tilzer, Nunez and McNally, JJ.