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MTR AUER v. SMITH

77 A.D.2d 172 (1980)

In the Matter of Martin S. Auer et al., Petitioners, v. Lyman Smith, 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, Fourth Department.

October 30, 1980

Attorney(s) appearing for the Case

Edward F. Gerber for Martin S. Auer, petitioner.

Anthony Rivizzigno (Edward F. Gerber of counsel), for John Mulroy, petitioner.

Robert Abrams, Attorney-General (William Goldman of counsel), for Lyman Smith, respondent.

Peter D. Andreoli pro se and Edward Feinberg for Peter D. Andreoli, respondent.

SCHNEPP, CALLAHAN, WITMER and MOULE, JJ., concur.

CARDAMONE, J. P.

In this CPLR article 78 proceeding petitioners Mulroy and Auer, who have previously been charged and convicted by Special Prosecutor Andreoli with conspiring illegally to raise funds for the Onondaga County Republican Committee, seek to prohibit further prosecution. The Special Prosecutor asserts that petitioners' activities over a period of years have violated the general conspiracy statutes...

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