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MATTER OF McGINLEY v. HYNES

51 N.Y.2d 116 (1980)

In the Matter of Barbara McGinley, Respondent, v. Charles J. Hynes, as Deputy Attorney-General, Appellant, et al., Respondent.

Court of Appeals of the State of New York.

Decided October 14, 1980.

Attorney(s) appearing for the Case

Charles J. Hynes, Deputy Attorney-General (Arthur Weinstein, Richard D. Carruthers and Terrence P. Buckley of counsel), for appellant.

Stephen R. Taub for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur.

GABRIELLI, J.

In this article 78 proceeding, the Special Nursing Home Prosecutor appeals from an order of the Appellate Division, which granted petitioner's request for relief in the nature of prohibition and directed the Special Prosecutor to refrain from presenting additional evidence to the Grand Jury in connection with his investigation of a particular hospital without first seeking and obtaining judicial...

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