In re Hirshfield
Appellate Division of the Supreme Court of the State of New York
Appeal by Henry R. M. Cook, a witness, from, an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 30th day of April, 1919, directing the issuance of a warrant of attachment against him and commanding the sheriff to bring him forthwith before the commissioner of accounts of the city of New York to be examined and testify upon the examination by the said commissioner of the accounts and methods…
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Appeal by Henry R. M. Cook, a witness, from, an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 30th day of April, 1919, directing the issuance of a warrant of attachment against him and commanding the sheriff to bring him forthwith before the commissioner of accounts of the city of New York to be examined and testify upon the examination by the said commissioner of the accounts and methods of the board of education of the city of New York.
1Opinion of the Court
Page, J.:
The commissioner of accounts, pursuant to the direction of the mayor of the city of New York, instituted an examina*845tion of the accounts and methods of the board of education. In the course of this examination he issued a subpoena, directing Henry R. M. Cook, the auditor of said board, to appear before him at his office to be examined under oath. Upon Cook’s failure and refusal to attend, this proceeding was instituted and has resulted in the order from which the appeal herein was taken.
The question involved is the authority of the commissioner of accounts to conduct such an…
2Cases cited5 opinions
- Titusville Iron Co. v. . City of New YorkNew York Court of Appeals · 1912
- Smith v. . Board of EducationNew York Court of Appeals · 1913
- T. A. Clarke Co. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1913
- T.A. Clarke Co. v. . Bd. of Educ. of the City of New YorkNew York Court of Appeals · 1915
- Hirshfield v. CookNew York Supreme Court · 1919
3Cited by1 opinion
- Matter of Hirshfield v. . CookNew York Court of Appeals · 1919