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DONNARUMA v. CARTER

2740-13.

41 Misc.3d 195 (2013)

969 N.Y.S.2d 755

2013 NY Slip Op 23225

In the Matter of COLIN DONNARUMA et al., Petitioners, v. WILLIAM A. CARTER, as Albany City Court Judge, et al., Respondents. (Proceeding No. 1.) In the Matter of P. DAVID SOARES, District Attorney of Albany County, Petitioner, v. WILLIAM A. CARTER, as City Court Judge, et al., Respondents. (Proceeding No. 2.)

Supreme Court, Albany County.

Decided July 11, 2013.

Attorney(s) appearing for the Case

Law Offices of Mark S. Mishler, Albany ( Mark S. Mishler of counsel), and Kindlon, Shanks & Associates, Albany ( Kathy Manley of counsel), for Colin Donnaruma and others, petitioners in proceeding No. 1 and respondents in proceeding No. 2. E. Stewart Jones, PLLC, Troy ( James Knox of counsel), for William A. Carter, respondent. P. David Soares , District Attorney, Albany ( Christopher D. Horn of counsel), for P. David Soares, respondent in proceeding No. 1 and petitioner in proceeding No. 2.

OPINION OF THE COURT

RICHARD M. PLATKIN, J.

On May 23, 2013, Colin Donnaruma, Daniel Morrissey, Eric Catine and Timothy Holmes (collectively the Occupy petitioners) commenced a special proceeding (proceeding No. 1) pursuant to CPLR article 78, seeking to compel the Honorable William A. Carter to dismiss the criminal charges pending against them in Albany City Court. Judge Carter has filed an answer in opposition to their verified petition (the Occupy petition...

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