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MTR OF MEROLA v. WALSH

75 A.D.2d 163 (1980)

In the Matter of Mario Merola, as District Attorney of Bronx County, Petitioner, v. John J. Walsh, as a 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.

June 13, 1980

Attorney(s) appearing for the Case

Alan D. Marrus of counsel (Mario Merola, District Attorney, pro se, attorney), for petitioner.

Robert A. Feuerstein of counsel (Robert Abrams, Attorney-General, attorney), for John J. Walsh, respondent.

Lewis R. Friedman and Jack T. Litman of counsel (Litman, Friedman, Kaufman & Asche, attorneys), for Kevin Durkin, respondent.

ROSS, J. P., MARKEWICH, SILVERMAN, BLOOM and CARRO, JJ., concur.

Per Curiam.

The District Attorney of Bronx County has applied for a writ of prohibition (CPLR art 78), the express purpose of which is to bar an acting Justice of the Supreme Court from continuing to preside over the trial of a case in which, for some days, a jury has been in the process of selection.1 The ground assigned is that actions and expressions by the court, consisting mainly in...

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