Legal Opinion

Lustberg v. Curry

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

Decided January 2, 1997PublishedCited by 8 opinions

1Opinion of the CourtMikoll, J.

Appeal from an order of the Supreme Court (Main, Jr., J.), entered March 5, 1996 in Franklin County, which denied petitioners’ application pursuant to CPL 190.25 and Judiciary Law § 325 to compel disclosure of, inter alia, certain Grand Jury testimony for use in preparing for a civil trial.

Petitioners are plaintiffs in civil rights suits pending in the US District Court for the Northern District of New York against respondents James T. Curry and County of Hamilton. Two of the actions are alleged to arise by reason of Curry’s conduct as Hamilton County District Attorney in his investiga*616tion of…

2Cases cited4 opinions

  1. In re District AttorneyNew York Court of Appeals · 1983
  2. Roberson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990
  3. Richburg v. MorgenthauAppellate Division of the Supreme Court of the State of New York · 1992
  4. Nelson v. MollenAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by8 opinions

  1. City of Elmira v. DoeAppellate Division of the Supreme Court of the State of New York · 2007
  2. Aiani v. DonovanAppellate Division of the Supreme Court of the State of New York · 2012
  3. Matter of Friedman v. RiceAppellate Division of the Supreme Court of the State of New York · 2015
  4. Police Commissioner v. Victor W.Appellate Division of the Supreme Court of the State of New York · 2007
  5. In re CareyNew York Supreme Court · 2014

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