Legal Opinion · Dissent

Bozer v. Higgins

Appellate Division of the Supreme Court of the State of New York

Decided May 27, 1994Published

1Dissent

Balio and Callahan, JJ.

(dissenting in part). We would affirm the judgment of Supreme Court (Bozer v Higgins, 157 Misc 2d 160).

Petitioner, an attorney admitted to practice in this State, commenced this CPLR article 78 proceeding against the Sheriff of the County of Erie and the Office of Court Administration (OCA) seeking a declaration that the searches of persons entering the courthouse were unconstitutional. The magnetometer searches were instituted by OCA as a security measure to intercept weapons being brought into the courthouse. The Sheriff’s Department conducted the searches pursuant to…

2Cases cited6 opinions

Minister, Elders & Deacons of the Reformed Protestant Dutch Church v. 198 Broadway, Inc.New York Court of Appeals · 1990
Walsh v. Staten Island Obstetrics & Gynecology Associates, P.C.New York Court of Appeals · 1993
Legal Aid Soc. of Orange County v. CrossonDistrict Court, S.D. New York · 1992
People v. RinconAppellate Division of the Supreme Court of the State of New York · 1992
Bozer v. HigginsNew York Supreme Court · 1992

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