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MTR MORGENTHAU v. ERLBAUM

112 Misc.2d 30 (1981)

In the Matter of Robert M. Morgenthau, as District Attorney of New York County, Petitioner, v. William M. Erlbaum, as a Judge of the Criminal Court of the City of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

November 10, 1981

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Amy Jane Rettew of counsel), petitioner pro se. Richard Emerly and Robert Abrams, Attorney-General (Susan L. Yarbrough of counsel), for William M. Erlbaum, respondent. Kenneth Fields for Carol Link and another, respondents.

FRANCIS N. PECORA, J.

Motions under Calendar Nos. 100, 101 and 102 are consolidated for disposition.

Petitioner Robert M. Morgenthau, District Attorney of New York County, moves for a judgment, pursuant to CPLR article 78, to prohibit enforcement by Judge WILLIAM M. ERLBAUM, or any other Judge of the Criminal Court of New York County, of an order of that court dated February 23, 1981. Respondent ERLBAUM moves to dismiss pursuant to CPLR 7804 ...

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