MATTER OF NICHOLS v. GAMSO


38 N.Y.2d 907 (1976)

In the Matter of Mary P. Nichols et al., Appellants, v. Hyman W. Gamso, as Chief Clerk of the Appellate Division of the Supreme Court of the State of New York, First Judicial Department, Respondent.

Court of Appeals of the State of New York.

Decided February 19, 1976.


Attorney(s) appearing for the Case

Victor A. Kovner for appellants.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and A. Seth Greenwald of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in Per Curiam opinion; Judge COOKE taking no part.


Per Curiam.

We construe the decision of the Appellate Division, First Department, on remittal in this case as a determination both that the material in this record is nonseverable and that, this being so, there should be no disclosure here.

We agree on the issue of nonseverability. It does not follow, of course, because the evidence with respect to a sustained charge is inexorably intertwined with that relating...

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