1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 44 A.D.2d
  5. 44 A.D.2d 465 (1974)
 

MATTER OF KLEIN v. MURTAGH

44 A.D.2d 465 (1974)

In the Matter of Frank R. Klein, Petitioner, v. John M. Murtagh et al., Respondents. Norman Archer, Intervenor In the Matter of Leon Wasserberger, Petitioner, v. Justices of the New York Supreme Court of Queens County et al., Respondents. Norman Archer, Intervenor

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 20, 1974.

Attorney(s) appearing for the Case

Shea, Gould, Climenko & Kramer (Milton S. Gould and Ronald H. Alenstein of counsel), for Frank R. Klein, petitioner.

Gasthalter & Pollok for Leon Wasserberger, petitioner.

Irving Anolik for intervenor.

Maurice H. Nadjari, Deputy Attorney-General — Special State Prosecutor (Stephen P. Sawyer and Walter F. Bottger of counsel), respondent in person.

Louis J. Lefkowitz, Attorney-General, for John M. Murtagh, respondent.

SHAPIRO, Acting P. J., and COHALAN, J., concur with MUNDER, J., SHAPIRO, Acting P. J., with a separate opinion, in which COHALAN and MUNDER, JJ., concur. CHRIST, J., dissents and votes to grant the petitions, with an opinion, in which BENJAMIN, J., concurs.

MUNDER, J.

The proceeding by petitioner Frank R. Klein, pursuant to article 78 of the CPLR in the nature of prohibition, is to prevent the respondents from prosecuting him under an indictment returned by the Extraordinary Special Grand Jury in Queens County. Two others also named in the indictment, Leon Wasserberger and Norman Archer, are seeking the same relief. Wasserberger has brought a separate article 78...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases