MTR OF MEROLA v. WARNER


74 A.D.2d 287 (1980)

In the Matter of Mario Merola, on Behalf of the People of The State of New York, Petitioner, v. Ivan Warner, as Justice of the Supreme Court, et al., Respondents In the Matter of New York News Inc., Petitioner, v. Ivan Warner, as 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.

May 13, 1980


Attorney(s) appearing for the Case

Peter D. Coddington of counsel (Steven R. Kartegener and Billie Manning with him on the brief, attorneys), for Mario Merola, petitioner.

Rudolph W. Giuliani of counsel (Kenneth A. Caruso and Frederick J. Baumann, with him on the brief; Patterson, Belknap, Webb & Tyler, attorneys), for New York News, Inc., petitioner.

Barry R. Fertel of counsel (Robert Abrams, Attorney-General, attorney), for Ivan Warner, respondent.

Vincent D. Farrell of counsel (Farrell & Kalina, attorneys), for New York Press Club, Inc., amicus curiae.

Saverio A. Muschio for Ronald Marrazzo, respondent.

SANDLER, J. P., SULLIVAN, MARKEWICH, LUPIANO and CARRO, JJ., concur.


Per Curiam.

There are consolidated herein two CPLR article 78 prohibition proceedings, one by petitioner New York News, Inc., and one by petitioner District Attorney of Bronx County, both against a Justice of the Supreme Court, seeking to prevent the carrying out of two orders made in the course of a consolidated hearing seeking to suppress certain tape recordings and to test their audibility. The accompanying motion...

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