SEIDENBERG v. ROCKLAND COUNTY CT.


34 N.Y.2d 499 (1974)

In the Matter of Harold A. Seidenberg, Appellant, v. County Court of the County of Rockland et al., Respondents. In the Matter of Marvin Gess, Appellant, v. County Court of the County of Rockland et al., Respondents. In the Matter of Jacob Pesner, Appellant, v. County Court of the County of Rockland et al., Respondents.

Court of Appeals of the State of New York.

Decided July 15, 1974.


Attorney(s) appearing for the Case

Harold A. Seidenberg, appellant in person.

Arnold D. Roseman and Aaron Nussbaum for Marvin Gess, appellant.

Arnold Becker, Arthur Moskoff and Robert D. Alexander for Jacob Pesner, appellant.

Robert R. Meehan, District Attorney (Thomas E. Urell of counsel), for respondent, pro se.

Louis J. Lefkowitz, Attorney-General (Lillian Z. Cohen and Samuel A. Hirshowitz of counsel), for respondent Justices.

Judges JASEN and RABIN concur with Judge STEVENS; Chief Judge BREITEL concurs in the opinion by Judge STEVENS in a separate opinion; Judge JONES dissents and votes to reverse in a separate opinion in which Judges GABRIELLI and WACHTLER concur.


STEVENS, J.

The single question presented by these cases is whether a writ of prohibition will lie on the ground advanced by the appellants that the Additional Grand Jury was illegally constituted. The appellants urge that the Administrative Judge, Judge McCULLOUGH, lacked the power or the jurisdiction to order the impaneling of an Additional Grand Jury for a period...

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