Burke v. O'Brien

Appellate Division of the Supreme Court of New York

Burke v. O'Brien

51 A.D.2d 1040, 381 N.Y.S.2d 324, 1976 N.Y. App. Div. LEXIS 11845

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

DecidedMarch 22, 1976

StatusPublished

Cited by1 cases

This text of 51 A.D.2d 1040 (Burke v. O'Brien) 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

Burke v. O'Brien, 51 A.D.2d 1040, 381 N.Y.S.2d 324, 1976 N.Y. App. Div. LEXIS 11845 (N.Y. Ct. App. 1976).

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Opinion

In a proceeding pursuant to CPLR article 78 inter alia to compel appellants to pay petitioners at certain rates per page of stenographic minutes which they are requested to type, the appeal is from so much of a judgment of the Supreme Court, Suffolk County, dated October 15, 1975, as directed appellants to pay petitioners for the transcription of Grand Jury testimony, in addition to the salaries heretofore paid them, 6(V per typewritten page, such payments to be retroactive to January 1, 1975. Judgment affirmed insofar as appealed from, without costs or disbursements. Under the circumstances revealed in the record herein, petitioners were de facto additional Grand Jury stenographers (see Judiciary Law, § 328, subd 2) and, as such, were entitled, pursuant to section 327 of the Judiciary Law, to the folio rate provided by law for the copies of testimony which they furnished to the District Attorney. Hopkins, Acting P. J., Cohalan, Damiani, Christ and Titone, JJ., concur.

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In a proceeding pursuant to CPLR article 78 inter alia to compel appellants to pay petitioners at certain rates per page of stenographic minutes which they are requested to type, the appeal is from so much of a judgment of the Supreme Court, Suffolk County, dated October 15, 1975, as directed appellants to pay petitioners for the transcription of Grand Jury testimony, in addition to the salaries heretofore paid them, 6(V per typewritten page, such payments to be retroactive to January 1, 1975. Judgment affirmed insofar as appealed from, without costs or disbursements. Under the circumstances revealed in the record herein, petitioners were de facto additional Grand Jury stenographers (see Judiciary Law, § 328, subd 2) and, as such, were entitled, pursuant to section 327 of the Judiciary Law, to the folio rate provided by law for the copies of testimony which they furnished to the District Attorney. Hopkins, Acting P. J., Cohalan, Damiani, Christ and Titone, JJ., concur.

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Bluebook (online)

51 A.D.2d 1040, 381 N.Y.S.2d 324, 1976 N.Y. App. Div. LEXIS 11845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burke-v-obrien-nyappdiv-1976.

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