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MONTGOMERY v. MULLER

176 A.D.2d 29 (1992)

In the Matter of William E. Montgomery III, as Warren County District Attorney, Respondent, v. Michael J. Muller, as Town Justice of The Town of Queensbury, et al., Appellants, and Kurt Mausert, Intervenor-Appellant

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

February 13, 1992

Attorney(s) appearing for the Case

Kurt Mausert for Matthew Carpenter, appellant.

William E. Montgomery III, District Attorney (John Wappett of counsel), respondent pro se.

Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P. C. (David B. Goldstein of counsel), for intervenor-appellant.

E. Joshua Rosenkranz for New York State Defenders Association and others, amici curiae.

WEISS, P. J., MIKOLL and YESAWICH JR., JJ., concur.

CREW III, J.

Petitioner, the District Attorney of Warren County, commenced this CPLR article 78 proceeding to prohibit respondent Town Justice of the Town of Queensbury (hereinafter respondent) from ordering petitioner and his assistants to remove an American flag lapel pin during the voir dire and jury trial in a criminal proceeding against respondent Matthew Carpenter...

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