
    In the Matter of Thomas Lawlor, Appellant, v. Burton B. Roberts, as District Attorney of Bronx County, Respondent.
   Order entered May 29, 1969, denying motion to quash and vacate a subpoena, unanimously reversed, on the law and facts, without costs or disbursements, and the proceeding is remanded for a hearing. The People failed to submit an affidavit in opposition to the application and no proof was taken on the issues presented by appellant’s papers. Accordingly, a hearing should be had to determine the facts. Concur — ■ Eager, J. P., Capozzoli, Tilzer, Nunez and McNally, JJ.  