
    Third Department,
    June, 1973
    (June 1, 1973)
    George Szary, Sr., et al., Petitioners, v. Temporary New York State Commission of Investigation, Respondent.
   Order of Special Term, insofar as it effects a modification of the subpoenas issued by respondent, stayed pending appeal pursuant to CPLR 5519 (subd. [c]). The modification of the subpoenas, even after notice had been given, was an abuse of discretion in view of our decision in Matter of McArdle v. Temporary N. Y. State Comm. of Investigation (41 A D 2d 401) in which the same grounds, advanced for similar relief, were rejected. Herlihy, P. J., Greenblott, Sweeney, Kane and Main, JJ., concur.  