MATTER OF KOOTA v. DAMIANI


24 A.D.2d 467 (1965)

In the Matter of Aaron E. Koota, as District Attorney of Kings County, Petitioner, v. Vincent D. Damiani, as Justice of the Supreme Court of the State of New York, County of Kings, Respondent

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

June 8, 1965


The Attorney-General, on behalf of the respondent Justice, has made a cross motion to dismiss the petition on the ground that it is insufficient in law. There is no dispute as to any of the material facts; only a question of law is presented. The application of the District Attorney is granted; and the cross motion of the Attorney-General is denied, without costs. Pursuant to rule 5 of the rules promulgated by this court for the Criminal Term of the Supreme Court, Kings County...

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