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KURLANDER v. DAVIS

103 Misc.2d 919 (1980)

In the Matter of Lawrence T. Kurlander, as District Attorney of Monroe County, Petitioner, v. Reuben K. Davis, Individually and as Judge of the City Court of Rochester, et al., Respondents. Edward J. Nowak, as Monroe County Public Defender, Intervenor.

Supreme Court, Monroe County.

April 24, 1980.

Attorney(s) appearing for the Case

Lawrence T. Kurlander, District Attorney (Howard R. Relin of counsel), petitioner pro se. Robert Abrams, Attorney-General (Vincent M. Barone and Eugene Welch of counsel), for Reuben K. Davis, respondent. Robert F. Wood, P. C. (Kenneth I. Markham of counsel), for Nicholas P. Miano and another, respondents. Edward J. Nowak, Public Defender (Brian Shiffrin of counsel), intervenor. Criminal Justice Section, Monroe County Bar Association (Karl F. Salzer and David A. Murante of counsel), amicus curiae.

DAVID O. BOEHM, J.

In this CPLR article 78 proceeding the petitioner, District Attorney of Monroe County, seeks a judgment vacating, annulling and setting aside the adjournments in contemplation of dismissal (hereinafter ACDs) granted to respondents, Nicholas and Joseph Miano, by respondent, Honorable REUBEN K. DAVIS, Judge of the City Court of Rochester, and further seeks reinstatement of the criminal trespass...

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