MTR. OF TYLER v. POLSKY


57 A.D.2d 422 (1977)

In the Matter of Andrew R. Tyler, Petitioner, v. Leon B. Polsky, as Acting 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, First Department.

May 31, 1977


Attorney(s) appearing for the Case

Milton S. Gould of counsel (Saul S. Streit, Richard L. Spinogatti and Richard F. Czaja with him on the brief; Shea Gould Climenko & Casey, attorneys), for petitioner.

Richard A. Nachman of counsel (Robert M. Simels and Joel Cohen with him on the brief; John F. Keenan, Deputy Attorney-General), for respondents.

MURPHY, P. J., BIRNS, SILVERMAN, CAPOZZOLI and LANE, JJ., concur.


Per Curiam.

The petitioner, a Justice of the New York State Supreme Court, was charged in Indictment No. S.P.O. N-109/76 with four counts of perjury in the first degree, emanating from his testimony before a Grand Jury on March 2 and May 20, 1976.

Petitioner made a motion before Justice POLSKY to dismiss the indictment, claiming that the Grand Jury and the Special Prosecutor exceeded their jurisdiction, which...

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