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YUSHAVAYEV v. CITY OF NEW YORK

234 A.D.2d 289 (1996)

651 N.Y.S.2d 309

Arkadiy Yushavayev et al., Appellants, v. City of New York, Respondent, and Queens County District Attorney, Respondent

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

December 2, 1996

Ordered that the orders are affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court properly denied the plaintiffs' motion to direct the nonparty, the Queens County District Attorney, to produce certain Grand Jury minutes. Because disclosure "is `the exception rather than the rule'" in these circumstances, one seeking disclosure must first demonstrate a compelling and particularized need for access (

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