General

The People of the State of New York v. John Doe. (William M. Kunstler.)

40 A.D.2d 627·New York Supreme Court, Appellate Division·1972·NY

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Opinion

The People of the State of New York v. John Doe. (William M. Kunstler.) [MAJORITY] Application on behalf of prisoners denied. Memorandum: No appeal lies from an order denying a motion to quash or modify a subpoena issued in the course of a 'Grand Jury investigation, nor from an order denying a stay of enforcement of the subpoena, nor from an order denying a motion to intervene on such motion. (Matter of Ryan [Hogan]), 306 N. Y. 11, 16; Matter of Turecamo Constr. Co., 260 App. Div. 253, 255.) Further, no proceeding is pending in this court upon which to base an application for a stay. Present — Goldman, P. J., Del Vecchio, Marsh, Cardamone and Henry, JJ. (Order entered Sept. 21,1972.)