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CARUSO v. CIVILIAN REVIEW BD.

158 Misc.2d 909 (1993)

602 N.Y.S.2d 487

Philip Caruso, Individually and as President of the Patrolman's Benevolent Association of the City of New York, Inc., and on Behalf of All Police Officers in the New York Police Department, Petitioner, v. Civilian Complaint Review Board et al., Respondents.

Supreme Court, New York County.

August 20, 1993

Attorney(s) appearing for the Case

Lysaght, Lysaght & Kramer (John J. Mc Guire of counsel), for petitioner. O. Peter Sherwood, Corporation Counsel of New York City (Anna H. Zetlin of counsel), for respondents. New York Civil Liberties Union Foundation (Arthur N. Eisenberg and Norman Siegel of counsel), and White & Case (Allan L. Gropper and James M. Wicks of counsel), amici curiae.

STUART C. COHEN, J.

In this CPLR article 78 proceeding brought on behalf of all police officers in the City of New York, petitioners seek to permanently enjoin respondents from enforcing section 440 of the New York City Charter which established the new Civilian Complaint Review Board (CCRB). Petitioners primarily allege that section 440 fails to protect the constitutional privilege against self-incrimination...

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