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MATTER OF MURTAGH v. LEIBOWITZ

278 A.D. 512 (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

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 29, 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.

NOLAN, P. J., ADEL and WENZEL, JJ., concur in Per Curiam opinion; JOHNSTON, J., dissents and votes to reverse the order, to grant petitioner's application for an order of prohibition, and to deny respondent's cross motion to dismiss the petition, in opinion in which MacCRATE, J., concurs.

Per Curiam.

It is alleged in the information that petitioner, as commissioner of investigation of the city of New York, in the County of Kings committed the crimes of neglect of duty, as set forth in section 1841 of the Penal Law and of omission of duty by a public officer, as set forth in section 1857 of the same statute. The substance of the information is that petitioner, being required by section 803 of the Charter...

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