Legal Opinion
Gilmartin v. Lipson
New York Supreme Court
Decided June 5, 1962PublishedCited by 5 opinions
1Opinion of the CourtMario Pittoni, J.
Having been served with a subpoena duces tecum by the respondent Commissioner of Accounts of Nassau County, the petitioner now applies to this court for an order vacating and setting aside the subpoena.
In the meantime, pending the determination of this application, all further proceedings have been stayed by the restraint in the order to show cause.
The petitioner contends that the subpoena is invalid and ineffective as to him, on the grounds that he is not a governmental employee, and is solely a private citizen, and that the Commissioner has no power to examine the records or to investigate…
2Cases cited11 opinions
- A. L. A. Schechter Poultry Corp. v. United StatesSupreme Court of the United States · 1935
- Panama Refining Co. v. RyanSupreme Court of the United States · 1935
- Field v. ClarkSupreme Court of the United States · 1892
- Matter of Edge Ho Holding Corp.New York Court of Appeals · 1931
- Dunham v. OttingerNew York Court of Appeals · 1926
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3Cited by5 opinions
- In re LipsonNew York Supreme Court · 1963
- Governor's Organized Crime Prevention Commission v. JaramilloNew Mexico Supreme Court · 1979
- Lipson v. MartlingNew York Supreme Court · 1963
- Piloff v. LipsonNew York Supreme Court · 1963
- In Re Investigation No. 2, Etc.New Mexico Supreme Court · 1979