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MATTER OF VERGARI v. KENDALL

76 Misc.2d 848 (1974)

In the Matter of Carl A. Vergari, as District Attorney of Westchester County, Petitioner, v. Irving B. Kendall, as City Judge of Mount Vernon, Respondent.

Supreme Court, Westchester County.

February 5, 1974

Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (Janet Cunard of counsel), petitioner. Louis J. Lefkowitz, Attorney-General (Mortimer Sattler of counsel), for respondent. Jerome J. Goldstein for James Robinson, defendant. Rothblatt, Rothblatt, Seijas & Peskin for Nathaniel Thompson, defendant. John J. Pappalardo for Marco Pietrangelo, defendant. David C. Gilberg for Mount Vernon Bar Association, amicus curiae.

GEORGE BEISHEIM, JR., J.

This is an article 78 proceeding brought by Carl A. Vergari, District Attorney of Westchester County, against Hon. IRVING B. KENDALL, City Judge of Mount Vernon, for a judgment in the nature of prohibition against Judge KENDALL restraining him from directing, or proceeding with, the discovery as prescribed by him in three separate criminal actions pending in the City Court, Mount Vernon...

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