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MATTER OF GRANGER v. KUBINIEC

166 A.D.2d 931 (1990)

In the Matter of Patrick E. Granger, Petitioner, v. Julian F. Kubiniec, as Justice of the Supreme Court of The State of New York, Respondent

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

October 5, 1990

Petition unanimously dismissed without costs.

Memorandum:

Petitioner seeks a writ of prohibition disqualifying respondent, a Supreme Court Justice, from presiding over the trial of petitioner on Erie County indictment No. 89-0785-001 and for a declaration nullifying all pretrial motions decided by him upon the ground that respondent's wife is an Assistant District Attorney of Erie County. Respondent declined to recuse himself from the case because it is being...

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