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MATTER OF McGRATH v. GOLD

44 A.D.2d 609 (1974)

In the Matter of Louis McGrath et al., Petitioners, v. Eugene Gold, as District Attorney of Kings County, et al., Respondents

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

March 25, 1974

Proceeding dismissed, without costs.

Gulotta, P. J., dissents and votes to grant the application, with the following memorandum:

In this article 78 proceeding in the nature of prohibition, petitioners seek to prevent respondents, Justices of the Supreme Court and the District Attorney of Kings County, from prosecuting them under two indictments. The authorities suspected petitioner McGrath of being involved in an auto theft ring and, in furtherance...

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