Mancaroso v. Cuthbert

Appellant.— Order denying motion lo vacate subpoena reversed upon the law, with ten dollars costs and disbursements, and the subpoena vacated and set aside, with ten dollars costs, upon the ground that the proceeding had lapsed and no jurisdiction existed for the issuance of the subpoena, and the proceeding could not be revived without notice to the judgment debtor. (Matter of Wilson v. Bracken, Nos. 1 & 2, 150 App. Div. 577.) Lazansky, P. J., Young, Hagarty, Seeger and Carswell, JJ., concur.