In the Matter of Jacob Pesner, Petitioner,
v.
County Court of the County of Rockland et al., Respondents
In the Matter of Marvin Gess, Petitioner,
v.
County Court of the County of Rockland et al., Respondents
In the Matter of Harold A. Seidenberg, Petitioner,
v.
County Court of the County of Rockland et al., Respondents
In the Matter of Bruce Stewart, Petitioner,
v.
County Court of the County of Rockland et al., Respondents
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
July 23, 1973.
July 23, 1973.
Attorney(s) appearing for the Case
Moskoff & Becker (Arnold Becker and Robert D. Alexander of counsel), for Jacob Pesner, petitioner.
Arnold D. Roseman for Marvin Gess, petitioner.
McCormack, Seidenberg & Damiani (Harold A. Seidenberg of counsel), for Harold A. Seidenberg, petitioner.
Evseroff, Newman & Sonenshine for Bruce Stewart, petitioner.
Arthur J. Prindle, County Attorney (Eugene N. Cavallo, Jr. of counsel), for John A. Gallucci, Senior County Judge of the County Court, Rockland County, respondent.
Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Lilliam Z. Cohen of counsel), for Frank S. McCullough, Administrative Judge of the Ninth Judicial District, respondent.
Robert R. Meehan, District Attorney (Thomas E. Urell of counsel), respondent in person.
MARTUSCELLO, LATHAM and CHRIST, JJ., concur with SHAPIRO, J.; MUNDER, Acting P. J., dissents and votes to grant the application and deny the motions to dismiss the petition and to dismiss the indictment, all without prejudice to the re-presentation of the facts to a properly constituted grand jury.
Appellate Division of the Supreme Court of the State of New York, Second Department.
SHAPIRO, J.
The four above-entitled proceedings, in the nature of applications for writs of prohibition, have been brought before us by orders to show cause in lieu of notices of petition under article 78 of the CPLR. Since they raise identical questions of law, they will be determined by this opinion, but separate orders will be entered in each case.
The petitioners...
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