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MTR OF DAMPMAN v. MORGENTHAU

158 Misc.2d 102 (1993)

599 N.Y.S.2d 390

In the Matter of Frank Dampman, Petitioner, v. Robert Morgenthau, as District Attorney of New York County, et al., Respondents.

Supreme Court, New York County.

April 28, 1993

Attorney(s) appearing for the Case

Lopresto, Kulakis & Christofortas, Astoria (Thomas Lopresto of counsel), for petitioner. Robert Morgenthau, pro se, and Peter Pope for Robert Morgenthau, respondent. Proskauer Rose Goetz & Mandelsohn, New York City (Joseph Baumgarten of counsel), for New York Times Company, respondent.

HAROLD J. ROTHWAX, J.

This is an action for declaratory relief1 pursuant to CPLR 3001 to determine the propriety of disclosure, in an arbitration proceeding, of conversations seized by law enforcement officers pursuant to an eavesdropping warrant issued by a Justice of this court. The petitioner was intercepted pursuant to the warrant, and the conversations seized were introduced...

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