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MATTER SECOND REPORT NOVEMBER (10/29/69)

COURT OF APPEALS OF NEW YORK 1969.NY.43297 <http://www.versuslaw.com>; 253 N.E.2d 224; 25 N.Y.2d 1003 decided: October 29, 1969. IN THE MATTER OF THE SECOND REPORT OF THE NOVEMBER, 1968 GRAND JURY OF THE COUNTY OF ERIE. TWO EMPLOYEES NAMED IN THE ABOVE-ENTITLED REPORT, APPELLANTS; DISTRICT ATTORNEY OF THE COUNTY OF ERIE, RESPONDENT Reported below, 33 A.D.2d 659. William J. Cunningham, Jr. and Michael T. Sullivan, Jr. for motion. Michael F. Dillon, District Attorney (Peter J. Notaro of counsel), opposed.


Reported below, 33 A.D.2d 659.

The questions as to whether this proceeding commenced pursuant to the Code of Criminal Procedure is civil or criminal in nature, and, if criminal, as to whether a further appeal is validly restricted by the Code of Criminal Procedure (§ 517-a, subd. 7) are reserved for presentation of arguments on the appeal herein. If appellants are so advised, they may proceed to appeal both as of right on constitutional grounds and by applying for a certificate pursuant to section 520 of the Code of Criminal Procedure. Case set down for argument at the session of this court commencing on November 24, 1969.

 Disposition

Motions dismissed as inappropriate.

19691029

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