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RUGGIERO v. FAHEY

103 A.D.2d 65 (1984)

Donato Ruggiero, Individually and as Administrator of The Estate of Anthony Ruggiero, Deceased, Respondent, v. Robert Fahey, Individually and as a Detective and Police Officer of The City of New York, et al., Respondents, and William L. Murphy, as District Attorney of Richmond County, Appellant

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

July 23, 1984

Attorney(s) appearing for the Case

William L. Murphy, District Attorney (Karen F. McGee of counsel), appellant pro se.

Peters, Berger & Koshel, P. C. (Firestone & Harris of counsel), for respondent.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Robert Bergen and Sherrie Elaine Brown of counsel), for municipal respondents.

TITONE, LAZER and THOMPSON, JJ., concur.

MOLLEN, P. J.

The sole issue presented on this appeal is whether the plaintiff's application to Special Term, joined in by the municipal defendants, was sufficient to authorize disclosure of Grand Jury testimony intended for use in connection with a civil action pending in the United States District Court. We begin with a review of the facts.

On or about June 11, 1982, Anthony Ruggiero was fatally wounded...

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