ATTORNEY GENERAL v. FIRETOG


94 N.Y.2d 477 (2000)

727 N.E.2d 1220

706 N.Y.S.2d 666

In the Matter of ATTORNEY GENERAL OF THE STATE OF NEW YORK, Respondent, v. NEIL J. FIRETOG, as Acting Justice of the Supreme Court, Appellant, and VINCENT T. D'AMBROSIO et al., Respondents.

Court of Appeals of the State of New York.

Decided February 24, 2000.


Attorney(s) appearing for the Case

Stroock & Stroock & Lavan, L. L. P., New York City (Joel Cohen, James A. Shifren and Stephen D. Kong of counsel), for appellant.

Eliot Spitzer, Attorney General, New York City (Robert Dublirer, Preeta D. Bansal, Robert A. Forte and Arthur G. Weinstein of counsel), respondent pro se.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY and ROSENBLATT concur with Judge BELLACOSA; Judge SMITH dissents and votes to affirm in a separate opinion.


OPINION OF THE COURT

BELLACOSA, J.

This CPLR article 78 prohibition proceeding is an offshoot of a pretrial dispute in a Medicaid fraud criminal prosecution. The Trial Justice before whom the criminal matter was pending ordered the Medicaid Fraud Bureau of the Attorney General's office to turn over Grand Jury minutes to defense counsel. The Bureau sought the extraordinary writ of prohibition at the Appellate Division to block disclosure of the minutes. The...

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