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MATTER OF MURTAGH v. LEIBOWITZ

303 N.Y. 311 (1951)

In the Matter of John M. Murtagh, Appellant, v. Samuel S. Leibowitz, Individually and as a Judge of The County Court of Kings County, Presiding as a Magistrate in the County of Kings, City and State of New York, Respondent.

Court of Appeals of the State of New York.

Decided October 18, 1951

Attorney(s) appearing for the Case

Lloyd Paul Stryker, Harold Shapero, Harold W. Wolfram, Harvey Cohen and Francis X. Murtagh for appellant.

Miles F. McDonald, District Attorney (Julius Helfand and Aaron E. Koota of counsel), for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DYE, FULD and FROESSEL, JJ., concur.

DESMOND, J.

The petition in this proceeding (brought under Civ. Prac. Act, art. 78), prayed for an order prohibiting respondent, individually and as a County Judge of Kings County presiding as a Magistrate in that county, from continuing to assume jurisdiction over a criminal information filed with respondent against petitioner. Petitioner was, at the times mentioned...

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