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PROSKIN v. CO. CT. OF ALBANY CO.

37 A.D.2d 279 (1971)

In the Matter of Arnold W. Proskin, as District Attorney of Albany County, Petitioner, v. County Court of Albany County et al., Respondents, and Richard Leto et al., Intervenors-Respondents

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

September 9, 1971.

Attorney(s) appearing for the Case

Arnold W. Proskin, District Attorney, in person, and Daniel G. Moriarty for Arnold W. Proskin, petitioner.

Kohn, Bookstein & Karp (Richard A. Kohn of counsel), respondents in person, and for Leo Demeris, respondent.

Rico & Spada (Eugene R. Spada of counsel), intervenors-respondents in person, and for Richard Leto and others, intervenors-respondents.

HERLIHY, P. J., REYNOLDS, GREENBLOTT and SWEENEY, JJ., concur in Per Curiam opinion; SIMONS, J., concurs in a separate opinion.

Per Curiam.

This is a proceeding under CPLR article 78 instituted in the Appellate Division of the Supreme Court in the Third Judicial Department, to prohibit respondents from taking any further proceedings in connection with orders made by the County Court (SCHENCK, J.), which granted motions for inspection of Grand Jury minutes.

Leo Demeris was indicted by the extended April 1970 Term of the Grand Jury of...

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