Ruiz v. Sullivan

Appellate Division of the Supreme Court of New York

Ruiz v. Sullivan

58 A.D.2d 754, 395 N.Y.S.2d 1017, 1977 N.Y. App. Div. LEXIS 12898

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

DecidedJuly 5, 1977

StatusPublished

This text of 58 A.D.2d 754 (Ruiz v. Sullivan) 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

Ruiz v. Sullivan, 58 A.D.2d 754, 395 N.Y.S.2d 1017, 1977 N.Y. App. Div. LEXIS 12898 (N.Y. Ct. App. 1977).

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Opinion

— Petition in article 78 proceeding is unanimously dismissed and application denied, without costs and without disbursements. The question whether the Trial Justice shall inspect the Grand Jury minutes is one for the sound discretion of the Trial Justice (CPL 210.30, subd 4) and is not reviewable by an appellate court either on direct appeal (CPL 210.30, subd 6) or in the guise of an article 78 proceeding. (See Matter of Miranda v Isseks, 41 AD2d 176.) So much of the application as seeks a stay of trial pending decision by the United States Supreme Court in Patterson v New York is denied as moot in view of the decision of that case by that court on June 17, 1977. Concur — Lupiano, J. P., Silverman, Evans, Capozzoli and Lane, JJ.

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— Petition in article 78 proceeding is unanimously dismissed and application denied, without costs and without disbursements. The question whether the Trial Justice shall inspect the Grand Jury minutes is one for the sound discretion of the Trial Justice (CPL 210.30, subd 4) and is not reviewable by an appellate court either on direct appeal (CPL 210.30, subd 6) or in the guise of an article 78 proceeding. (See Matter of Miranda v Isseks, 41 AD2d 176.) So much of the application as seeks a stay of trial pending decision by the United States Supreme Court in Patterson v New York is denied as moot in view of the decision of that case by that court on June 17, 1977. Concur — Lupiano, J. P., Silverman, Evans, Capozzoli and Lane, JJ.

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Bluebook (online)

58 A.D.2d 754, 395 N.Y.S.2d 1017, 1977 N.Y. App. Div. LEXIS 12898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruiz-v-sullivan-nyappdiv-1977.

Opinion

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