Legal Opinion

Morgenthau v. Erlbaum

New York Supreme Court

Decided November 10, 1981PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Francis N. Pecora, J.

Motions under Calendar Nos. 100, 101 and 102 are consolidated for disposition.

Petitioner Robert M. Morgenthau, District Attorney of New York County, moves for a judgment, pursuant to CPLR article 78, to prohibit enforcement by Judge William M. Erlbaum, or any other Judge of the Criminal Court of New York County, of an order of that court dated February 23,1981. Respondent Erlbaum moves to dismiss pursuant to CPLR 7804 (subd [f]).

The factual background is as follows: on February 23, 1981, Judge Erlbaum rendered a decision in People v Link *31(107 Misc 2d…

2Cases cited10 opinions

  1. Duncan v. LouisianaSupreme Court of the United States · 1968
  2. Baldwin v. New YorkSupreme Court of the United States · 1970
  3. MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
  4. La Rocca v. LaneNew York Court of Appeals · 1975
  5. Dondi v. JonesNew York Court of Appeals · 1976

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3Cited by1 opinion

  1. People v. WilliamsCriminal Court of the City of New York · 1983

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