In the Matter of Robert M. Morgenthau, as District Attorney of New York County, Appellant,
v.
Jay Gold, as Judge of The Criminal Court of the City of New York, et al., Respondents, and Legal Aid Society, Intervenor-Respondent
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
June 5, 1986
June 5, 1986
Attorney(s) appearing for the Case
Arthur G. Weinstein of counsel (Robert M. Pitler, Amyjane Rettew and Susan Corkery with him on the brief), for appellant.
Robert Kasanof (Barry Bohrer with him on the brief), for Jay Gold, respondent.
Jane Levine of counsel (O. Peter Sherwood with her on the brief; Robert Abrams, Attorney-General, attorney), for Judge of the Criminal Court of the City of New York, New York County, Presiding in All-Purpose Part 3, respondent.
Steven Asin of counsel (Ivar Goldart and Michele Maxian with him on the brief; Caesar Cirigliano, attorney), for Kim Romano, and others, respondents, and for intervenor-respondent.
SULLIVAN and ROSENBERGER, JJ., concur with MURPHY, P. J.; FEIN and MILONAS, JJ., dissent in an opinion by MILONAS, J.
Appellate Division of the Supreme Court of the State of New York, First Department.
MURPHY, P. J.
Petitioner Robert M. Morgenthau, District Attorney of New York County, appeals herein from a judgment of the Supreme Court, New York County, dismissing a petition for a judgment pursuant to CPLR article 78 (126 Misc.2d 856). The petitioner sought a writ of mandamus compelling Criminal Court Judge Jay Gold to restore certain criminal cases to the Active Calendar...
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