Shakur v. Murtagh

Appellate Division of the Supreme Court of New York

Shakur v. Murtagh

33 A.D.2d 901, 307 N.Y.S.2d 817, 1970 N.Y. App. Div. LEXIS 5643

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

DecidedJanuary 28, 1970

StatusPublished

This text of 33 A.D.2d 901 (Shakur v. Murtagh) 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

Shakur v. Murtagh, 33 A.D.2d 901, 307 N.Y.S.2d 817, 1970 N.Y. App. Div. LEXIS 5643 (N.Y. Ct. App. 1970).

Pincite

Opinion

Application for an order removing Justice John M. Murtagh from the trial of Indictment No. 1848 1/2-69, and for related relief, unanimously denied and petition dismissed, without costs and without disbursements. The ease has been assigned for trial in accordance with the Rules of the Supreme Court for New York and Bronx Counties (part 2, rule II; 22 NYCRR 661.2). We are satisfied that the assignment of all matters preliminary to trial to Mr. Justice Murtagh by the Administrative Judge was a reasonable exercise of the powers conveyed by section 217 of the Judiciary Law, entirely proper under the circumstances and we approve it. There is no showing of bias or prejudice and petitioners consequently have no standing to object to the procedure followed. Concur — Capozzoli, J. P., McGivern, Nunez and Steuer, JJ.

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Application for an order removing Justice John M. Murtagh from the trial of Indictment No. 1848 1/2-69, and for related relief, unanimously denied and petition dismissed, without costs and without disbursements. The ease has been assigned for trial in accordance with the Rules of the Supreme Court for New York and Bronx Counties (part 2, rule II; 22 NYCRR 661.2). We are satisfied that the assignment of all matters preliminary to trial to Mr. Justice Murtagh by the Administrative Judge was a reasonable exercise of the powers conveyed by section 217 of the Judiciary Law, entirely proper under the circumstances and we approve it. There is no showing of bias or prejudice and petitioners consequently have no standing to object to the procedure followed. Concur — Capozzoli, J. P., McGivern, Nunez and Steuer, JJ.

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Bluebook (online)

33 A.D.2d 901, 307 N.Y.S.2d 817, 1970 N.Y. App. Div. LEXIS 5643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shakur-v-murtagh-nyappdiv-1970.