In the Matter of Kerrie L. Haggerty, on Behalf of Herself and Others, et al., Petitioners,
v.
Larry M. Himelein, as Cattaraugus County Court Judge, et al., Respondents
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
May 31, 1996
May 31, 1996
Attorney(s) appearing for the Case
Joel L. Daniels, Buffalo, for Kerrie L. Haggerty, petitioner.
Lipsitz, Green, Fahringer, Buffalo (Herbert L. Greenman of counsel), for Shawn Appleby and another, petitioners.
Mark Lubet, Orlando, Florida, for Cory Shea, petitioner.
Thomas Eoannou, Buffalo, for Brian E. Mooney, petitioner.
Thomas C. Brady, Salamanca, for John L. Reynolds, petitioner.
Andrew C. Lo Tempio, Buffalo, for Sandra Sue Haggerty, petitioner.
Lipsitz, Green, Fahringer, Buffalo (Cheryl Meyers of counsel), for Troy Fusco, petitioner.
Rick Goodell, Buffalo (Robert Isaac of counsel; Dennis C. Vacco, Attorney-General), for Larry M. Himelein, respondent.
Michael Nevins, District Attorney of Cattaraugus County, Little Valley (Dennis Tobolski of counsel), respondent pro se.
PINE, FALLON, BALIO and BOEHM, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
DENMAN, P. J.
In this original CPLR article 78 proceeding, petitioners seek a judgment prohibiting respondents from proceeding on Cattaraugus County indictment No. 95-168, and further seek dismissal of that indictment. Petitioners are charged in that indictment with various counts of murder, manslaughter, and assault in connection with the death of Kevin King on October...
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