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JAFFE v. SCHEINMAN

66 A.D.2d 321 (1979)

In the Matter of Joseph Jaffe, as District Attorney of Sullivan County, Petitioner, v. Louis B. Scheinman, as County Court Judge of Sullivan County, et al., Respondents

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

February 15, 1979

Attorney(s) appearing for the Case

Joseph Jaffe, District Attorney, petitioner pro se.

Louis J. Lefkowitz, Attorney-General (John J. Warner, Jr., of counsel), for Louis B. Scheinman, respondent.

K. C. Garn and Carl J. Silverstein for Legal Aid Society of Sullivan County, Inc., respondent.

SWEENEY, STALEY, JR., and HERLIHY, JJ., concur with KANE, J.; MAHONEY, P. J., dissents and votes to dismiss in an opinion.

KANE, J.

Michael John Kazmarick was indicted by a Grand Jury of Sullivan County on April 24, 1978 and charged with five counts of murder in the second degree (Penal Law, § 125.25, subd 2) for causing the death of five persons in a fire on April 9, 1978 at Monticello, New York. In the course of a pretrial omnibus motion on his behalf, respondent Legal Aid Society sought an order granting inspection of the...

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