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MTR. OF MORGENTHAU v. GOLD

126 Misc.2d 856 (1985)

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

Supreme Court, Special Term, New York County.

January 2, 1985

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Robert M. Pitler, Mark Dwyer and Susan Corkery of counsel), petitioner pro se. Caesar Cirigliano, Ivar Goldart, Steven Asin and Michele Maxian for intervenor-respondent. Kasanof, Schwartz & Iason (Robert Kasanof of counsel), for Jay Gold, respondent. Robert Abrams, Attorney-General (Martha O. Shoemaker of counsel), for Stanley Gartenstein, respondent. Ivar Goldart for David Hernandez, respondent. Thomas Brett for Charles Castelli, respondent. Richard Leff for Rafael Feliciano, respondent. Joseph S. Domanti for Theresa Thomas, respondent. Thomas P. Burke for Jose Ortiz, respondent.

RICHARD W. WALLACH, J.

Motion and cross motions Nos. 106 and 120, argued and submitted on the Special Term Part 1 Calendar of October 26, 1984, are consolidated and disposed of as follows:

(1) Application by Robert M. Morgenthau as District Attorney of New York County for a judgment pursuant to CPLR article 78 compelling Honorable Jay Gold, a Judge of the Criminal Court of the City of New York, and...

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