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IN RE DEPT. OF INVESTIGATION OF CITY OF NEW YORK

No. 1407, Docket 88-3026.

851 F.2d 65 (1988)

In re DEPARTMENT OF INVESTIGATION OF the CITY OF NEW YORK, Petitioner. UNITED STATES of America v. Bess MYERSON, Carl A. Capasso, a/k/a "Andy Capasso" and Hortense Gabel, Defendants.

United States Court of Appeals, Second Circuit.

Decided June 29, 1988.

Attorney(s) appearing for the Case

Stuart E. Abrams, Asst. U.S. Atty., S.D.N.Y., New York City (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., New York City, David N. Lawrence, John F. Savarese, Asst. U.S. Attys., Kevin J. Ford, Sp. Asst. U.S. Atty., New York City, of counsel), for amicus curiae The U.S.

Doron Gopstein, First Asst. Corp. Counsel for City of New York, New York City (Peter L. Zimroth, Corp. Counsel for City of New York, Laurence A. Levy, David C. Bloomfield, Elizabeth I. Freedman, New York City, of counsel), for petitioner.

Michael S. Feldberg, New York City (Steven N. Gersten, Shea & Gould, New York City, of counsel), for defendant Hortense W. Gabel.

Before LUMBARD, MESKILL and WINTER, Circuit Judges.

WINTER, Circuit Judge:

This petition for writ of mandamus by the Department of Investigation of the City of New York ("DOI") arises out of a criminal proceeding in the Southern District against a former Commissioner of Cultural Affairs of the City of New York, Bess Myerson; a New York State Judge, Hortense Gabel; and Carl "Andy" Capasso, an intimate companion of Myerson. United States v. Myerson, No. 87 Cr. 796 (S.D.N.Y. Apr. 13, 1988) [available on WESTLAW...

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