Ronson v. McCaffrey

Appellate Division of the Supreme Court of New York

Ronson v. McCaffrey

43 A.D.2d 922, 1974 N.Y. App. Div. LEXIS 5744

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

DecidedFebruary 14, 1974

StatusPublished

This text of 43 A.D.2d 922 (Ronson v. McCaffrey) 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

Ronson v. McCaffrey, 43 A.D.2d 922, 1974 N.Y. App. Div. LEXIS 5744 (N.Y. Ct. App. 1974).

Pincite

Opinion

Application in the nature of mandamus unanimously denied and the petition dismissed, without costs and without disbursements. Concur — Markewich, J. P,, Nunez, Tilzer and Capozzoli, JJ.; Murphy, J., concurs in the following memorandum : Although mandamus does not lie, it does seem that the problem presented should be resolved reasonably. Counsel was retained on September 4, 1973, and, since no motion practice had been engaged in, requested 30 days to make motions addressed to the indictment as well as for discovery. This was denied as was a reargument brought on in October, wherein the court adhered to its original decision. A court’s absolute refusal to permit any pretrial motions months in advance of a trial date under the circumstances presented is without justification. It is not in the interests of justice and will certainly be a point that this court must ultimately consider should there be a conviction.

Free access — add to your briefcase to read the full text and ask questions with AI

Application in the nature of mandamus unanimously denied and the petition dismissed, without costs and without disbursements. Concur — Markewich, J. P,, Nunez, Tilzer and Capozzoli, JJ.; Murphy, J., concurs in the following memorandum : Although mandamus does not lie, it does seem that the problem presented should be resolved reasonably. Counsel was retained on September 4, 1973, and, since no motion practice had been engaged in, requested 30 days to make motions addressed to the indictment as well as for discovery. This was denied as was a reargument brought on in October, wherein the court adhered to its original decision. A court’s absolute refusal to permit any pretrial motions months in advance of a trial date under the circumstances presented is without justification. It is not in the interests of justice and will certainly be a point that this court must ultimately consider should there be a conviction.

Cite This Page — Counsel Stack

Bluebook (online)

43 A.D.2d 922, 1974 N.Y. App. Div. LEXIS 5744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ronson-v-mccaffrey-nyappdiv-1974.