Majority
p. 959The People of the State of New York ex rel. Costenze P. Valenti, Respondent, against John J. McCloskey, as Sheriff of the City of New York and/or Warden of the New York County Civil Jail, Respondent, and Commission of Investigation of the State of New York, Appellant. Argued June 9, 1960; decided July 8, 1960.
p. 960
Eliot H. Lumbard, Peter J. McQuillan and Nathan Skolnik for Commission of Investigation of the State of New York, appellant.
Gilbert S. Rosenthal and A. J. Jaffe for respondent.
Order affirmed; no opinion.
Concur: Chief Judge Desmond and Judges Fuld, Froessel, Van Voorhis and Foster. Judges Dye and Burke dissent and vote to reverse and to reinstate the order of Special Term upon the ground that the relator’s answers, superficially at least, were not false on their face but were, in fact and effect, so carefully contrived and so lacking in substance as to amount
p. 961
to a refusal to answer, since the net effect of the interrogation was to leave the Commission of Investigation without any useful or material information not already known concerning the so-called Apalaehin meeting (cf. People ex rel. Valenti v. McCloskey, 6 N Y 2d 390 ).
Cases cited
- People ex rel. Valenti v. McCloskey 6 N Y 2d 390 p. 961