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ANTHONY v. CITY OF NEW YORK

37657/05

33 Misc.3d 454 (2011)

925 N.Y.S.2d 808

2011 NY Slip Op 21180

ANTHONY TURTURRO, an Infant, by ELIDA TURTURRO, His Mother and Natural Guardian, et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, Kings County.

Decided May 16, 2011.

Attorney(s) appearing for the Case

Gallagher, Walker & Bianco, Mineola, for plaintiffs. Michael A. Cardozo , Corporation Counsel, New York City, for City of New York, defendant. Longo & D'Apice, Brooklyn, for Louis Pascarella and another, defendants.

OPINION OF THE COURT

HERBERT KRAMER, J.

Are grand jury minutes released pursuant to CPL 240.44 and 240.45 and People v Rosario (9 N.Y.2d 286 [1961]) considered public documents thereby permitting subsequent disclosure and use for impeachment purposes in a civil trial without a court order or judicial supervision?

This court holds that any attorney in a subsequent action who is in possession of grand jury...

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