MATTER OF LUNGEN v. KANE


88 N.Y.2d 861 (1996)

666 N.E.2d 1360

644 N.Y.S.2d 487

In the Matter of Stephen F. Lungen, as District Attorney of Sullivan County, Appellant, v. Anthony T. Kane, as Judge of the Sullivan County Court, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 2, 1996.


Attorney(s) appearing for the Case

Stephen F. Lungen, District Attorney of Sullivan County, Monticello (Bonnie M. Mitzner of counsel), appellant pro se.

Gary Greenwald, Goshen, and Jacqueline Ricciani for George McMahon, respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


MEMORANDUM.

The judgment of the Appellate Division should be affirmed, without costs.

The Sullivan County District Attorney seeks prohibition, pursuant to CPLR article 78, against enforcement of a County Court order requiring limited disclosure of Grand Jury minutes. Underlying this controversy is the direction for disclosure of the testimony of specified witnesses before a Sullivan County Grand Jury to a County Court...

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