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MATTER OF CLARK v. FLYNN

9 A.D.2d 249 (1959)

In the Matter of G. Russell Clark, as Superintendent of Banks of The State of New York, Petitioner, v. John L. Flynn, a Justice of the Supreme Court of The State of New York, et al., Respondents

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

November 19, 1959.

Attorney(s) appearing for the Case

Irving Galt and Herbert J. Wallenstein of counsel (Louis J. Lefkowitz, Attorney-General, attorney), for petitioner.

Hays, Sklar & Herzberg (Ben Herzberg and Alvin H. Schulman of counsel), for John J. Reynolds and another, respondents.

Boris S. Berkovitch of counsel for New York State Banking Department.

BREITEL J. P., RABIN and M. M. FRANK, JJ., concur with VALENTE, J.; McNALLY, J., dissents in opinion.

VALENTE, J.

The Superintendent of Banks of the State of New York applies for an order in the nature of prohibition under article 78 of the Civil Practice Act, directed to a Justice of the Supreme Court and to parties in a litigation pending in that court prohibiting the receipt in evidence upon a trial of that action, of a communication written by the Banking Department on October 19, 1954 to American Trust Company...

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