MATTER OF SOARES v. CARTER

517191

113 A.D.3d 993 (2014)

979 N.Y.S.2d 201

2014 NY Slip Op 409

In the Matter of P. DAVID SOARES, as District Attorney of Albany County, Respondent, v. WILLIAM A. CARTER, as Judge of the City Court of the City of Albany, Appellant, and COLIN DONNARUMA et al., Respondents. (And Another Related Proceeding.)

Appellate Division of the Supreme Court of New York, Third Department.

Decided January 23, 2014.


Lahtinen, J.P.

Appeal from that part of a judgment of the Supreme Court (Platkin, J.), entered July 11, 2013 in Albany County, which granted petitioner's application, in a proceeding pursuant to CPLR article 78, for a writ of prohibition.

In June 2012, City of Albany police arrested four individuals — respondents Colin Donnaruma, Daniel Morrissey, Eric Catine and Timothy Holmes (hereinafter collectively referred to as the defendants) — charging...

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