Armstrong v. Santucci

Appellate Division of the Supreme Court of New York

Armstrong v. Santucci

156 A.D.2d 680, 550 N.Y.S.2d 842, 1989 N.Y. App. Div. LEXIS 16519

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

DecidedDecember 26, 1989

StatusPublished

This text of 156 A.D.2d 680 (Armstrong v. Santucci) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Armstrong v. Santucci, 156 A.D.2d 680, 550 N.Y.S.2d 842, 1989 N.Y. App. Div. LEXIS 16519 (N.Y. Ct. App. 1989).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to prohibit, inter alia, the respondents from conducting a lineup pursuant to an order of the Supreme Court, Queens County (Thomas, J.), dated October 27, 1989.

Adjudged that the proceeding is dismissed as academic, without costs or disbursements.

In view of the People’s representation that the complainant is unavailable to view a lineup and apparently will continue to be unavailable in the near future, the petitioner’s instant application seeking to prohibit the enforcement of an order [681]*681directing that a lineup be conducted is rendered moot. The People further aver that in the event the complainant becomes available to participate in a lineup procedure at any time in the future, a new application will be made, upon an appropriate factual basis, to direct the petitioner to appear in the lineup. Mollen, P. J., Mangano, Thompson and Balletta, JJ., concur.

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Proceeding pursuant to CPLR article 78 to prohibit, inter alia, the respondents from conducting a lineup pursuant to an order of the Supreme Court, Queens County (Thomas, J.), dated October 27, 1989.

Adjudged that the proceeding is dismissed as academic, without costs or disbursements.

In view of the People’s representation that the complainant is unavailable to view a lineup and apparently will continue to be unavailable in the near future, the petitioner’s instant application seeking to prohibit the enforcement of an order [681]*681directing that a lineup be conducted is rendered moot. The People further aver that in the event the complainant becomes available to participate in a lineup procedure at any time in the future, a new application will be made, upon an appropriate factual basis, to direct the petitioner to appear in the lineup. Mollen, P. J., Mangano, Thompson and Balletta, JJ., concur.

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Bluebook (online)

156 A.D.2d 680, 550 N.Y.S.2d 842, 1989 N.Y. App. Div. LEXIS 16519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armstrong-v-santucci-nyappdiv-1989.