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MATTER OF VERGAMINI v. QUIGLEY

101 A.D.2d 998 (1984)

In the Matter of John Vergamini et al., Appellants, and State of New York, Intervenor, v. Robert M. Quigley et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 25, 1984

Judgment unanimously reversed, without costs, and petition granted, in accordance with the following memorandum:

Special Term improperly dismissed the petition since it appears that the petitioner Vergamini, who was called as a witness, had not received immunity and thus the conditions set for use of the Grand Jury transcripts in Judge Conable's order were not met (see Jones v State of New York, 79 A.D.2d 273). The testimony...

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