Legal Opinion

Informal Opinion No.

New York Attorney General Reports

Decided December 20, 1983Published

1Opinion of the Court

John J. Warner, Jr., Esq. Deputy County Attorney, Schenectady

You have asked whether a county correction officer may be discharged for failing to sign a waiver of immunity from prosecution after being subpoenaed to testify before a county grand jury.

State v Perla, 21 N.Y.2d 608 (1968), was an action to declare that the defendant had forfeited his office by reason of his refusal to sign a waiver of immunity after being subpoenaed by a grand jury to testify in relation to his previously held positions as acting head parking fee collector and parking fee collector. The action was based upon…

2Cases cited5 opinions

  1. Lefkowitz v. TurleySupreme Court of the United States · 1973
  2. Gardner v. BroderickSupreme Court of the United States · 1968
  3. Lefkowitz v. CunninghamSupreme Court of the United States · 1977
  4. Uniformed Sanitation Men Ass'n v. Commissioner of Sanitation of New YorkSupreme Court of the United States · 1968
  5. State v. PerlaNew York Court of Appeals · 1968

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