Rochester Police Department v. Bergin

OPINION OF THE COURT

Cardamone, J.

The Rochester Police Department, as petitioner, has instituted this original article 78 proceeding seeking to prohibit respondent, Eugene W. Bergin, a Judge of the Monroe County Court, from enforcing certain ex parte orders which he granted in two pending criminal cases. The orders in question required the petitioner to deliver to the respondent Monroe *342County District Attorney, and through him to respondent Kemp, defense counsel in the pending criminal matters, the files of the internal investigation section of petitioner police department which pertain to an…