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  5. 25 N.Y.2d 1003 (1969)
 

MATTER OF SECOND REPORT OF THE NOVEMBER, 1968 GRAND JURY OF THE COUNTY OF ERIE

25 N.Y.2d 1003 (1969)

In the Matter of the Second Report of the November, 1968 Grand Jury of the County of Erie. Two Employees Named in the Above-Entitled Report, Appellants; District Attorney of the County of Erie, Respondent.

Court of Appeals of the State of New York.

Decided October 29, 1969.

Attorney(s) appearing for the Case

William J. Cunningham, Jr. and Michael T. Sullivan, Jr. for motion.

Michael F. Dillon, District Attorney (Peter J. Notaro of counsel), opposed.

Motions dismissed as inappropriate. The questions as to whether this proceeding commenced pursuant to the Code of Criminal Procedure is civil or criminal in nature, and, if criminal, as to whether a further appeal is validly restricted by the Code of Criminal Procedure (§ 517-a, subd. 7) are reserved for presentation of arguments on the appeal herein. If appellants are so advised, they may proceed to appeal both as of right on constitutional grounds and by applying for...

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