Foster v. Murphy

OPINION AND ORDER

CEDARBAUM, District Judge.

This is an action seeking to enjoin the Appellate Division of the New York State Supreme Court from considering an appeal by the Manhattan District Attorney in a criminal prosecution of plaintiffs Daniel P. Foster and Kathleen M. Paolo. Plaintiffs, who appear pro se, claim that the appeal would violate their rights under the double jeopardy clause of the Fifth Amendment. Defendants, who are the Manhattan District Attorney and the Presiding Justice of the Appellate Division of New York State Supreme Court, First Department, have moved to dismiss…