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MATTER OF SCOTTI

53 A.D.2d 282 (1976)

In the Matter of Alfred J. Scotti, as Special Deputy Attorney-General, for an Order Authorizing the Transmission of the Minutes of Certain Grand Jury Testimony to the Superintendent of State Police for Use in Departmental Disciplinary Hearings In the Matter of Alfred J. Scotti, as Special Deputy Attorney-General, for an Order Authorizing Transmission of the Minutes of Certain Grand Jury Testimony to the Commissioner of the Department of Correctional Services for Use in Departmental Disciplinary Hearings In the Matter of Clayton DeFayette, Individually and as President of Security and Law Enforcement Employees' Council 82, American Federation of State, County and Municipal Employees, AFL-CIO, et al., Petitioners, v. Carman F. Ball, as Justice of The Supreme Court of the State of New York, et al., Respondents In the Matter of The Police Benevolent Association of the New York State Police, Inc., et al., Petitioners, v. Carman F. Ball, as Justice of the Supreme Court of The State of New York, et al., Respondents

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

July 12, 1976

Attorney(s) appearing for the Case

Hinman, Straub, Pigors & Manning (Berg & Cornell, by Bernard Malone and F. Steven Berg of counsel), for "John Doe", appellant in first and second above-entitled proceedings and for petitioner in fourth above-entitled proceeding.

Alfred J. Scotti, Special Deputy Attorney-General, pro se, and Lewis Friedman for Alfred J. Scotti, respondent.

Mark K. Benenson (Berg & Cornell, by Mark Benenson, and F. Steven Berg of counsel), for petitioner in third above-entitled proceeding.

Louis J. Lefkowitz, Attorney-General (Michael Wolfgang of counsel), for Carman F. Ball, respondent in third and fourth above-entitled proceedings.

CARDAMONE, J. P., and GOLDMAN, J., concur with WITMER, J.; MAHONEY, J., dissents in two article 78 proceedings in opinion.

WITMER, J.

The appeals and article 78 proceedings herein grow out of two applications made by respondent Alfred J. Scotti, Special Deputy Attorney-General, to the Hon. CARMAN F. BALL, Justice of the Supreme Court, who has been duly designated to supervise the Grand Jury investigations and the prosecutions which followed the Attica prison uprising of September, 1971...

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