MTR OF SCHROTENBOER v. SOLOFF


74 N.Y.2d 597 (1989)

In the Matter of Calvin Schrotenboer, Appellant, v. Brenda Soloff, as Acting Justice of the Supreme Court Supervising the Current Term Grand Jury, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 21, 1989.


Attorney(s) appearing for the Case

Robert M. Beecher for appellant.

Robert M. Morgenthau, District Attorney (Kevin J. Fee and Marc Frazier Scholl of counsel), respondent pro se.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in Per Curiam opinion.


Per Curiam.

In that an agreement of immunity from prosecution exacted by petitioner in exchange for the return of children to their lawful custodian pursuant to a Family Court order is unenforceable, petitioner's article 78 proceeding to prohibit prosecution for custodial interference was correctly dismissed by the Appellate Division.

In accordance with the visitation provisions of a Family Court order of custody...

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