MATTER OF PERRY v. BARRETT

Dkt. [M-5822] & 11373, 12148/12, 67130/12 -5914

113 A.D.3d 536 (2014)

980 N.Y.S.2d 9

2014 NY Slip Op 440

In the Matter of DARYL PERRY et al., Petitioners, v. STEVEN L. BARRETT, Respondent. JOSEPH ANTHONY et al., Intervenors.

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

Decided January 28, 2014.


At the time they brought this proceeding, both petitioners were defendants in cases pending in Criminal Court. Petitioners asserted that eavesdropping evidence gathered in a ticket-fixing investigation may contain exculpatory or impeachment material concerning the arresting officers in petitioners' underlying cases.

Prohibition is not available to prevent the enforcement of respondent Justice's protective order. Petitioners assert that respondent Justice lacked jurisdiction...

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