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MATTER OF VINLUAN v. DOYLE

60 A.D.3d 237 (2009)

873 N.Y.S.2d 72

In the Matter of FELIX VINLUAN et al., Petitioners, v. ROBERT W. DOYLE, Justice of the Supreme Court, Suffolk County, et al., Respondents.

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

January 13, 2009.

Attorney(s) appearing for the Case

Sandback, Birnbaum & Michelen, Mineola (Oscar Michelen of counsel), for Felix Vinluan, petitioner.

Kase & Druker, Garden City (James O. Druker and Paula Frome of counsel), for Elmer Jacinto and others, petitioners.

Thomas J. Spota, District Attorney, Riverhead (Leonard Lato of counsel), respondent pro se.

Spivak Lipton, LLP, New York City (Elizabeth Orfan and Adrienne L. Saldana of counsel), for American Nurses Association and another, amici curiae.

Giskin, Solotaroff, Anderson & Steward, LLP, New York City (Darnley D. Stewart of counsel), for National Employment Lawyers Association/New York, amicus curiae, and Steven Banks, New York City (Adriene L. Holder, Christopher D. Lamb, Amy M. Hong and Richard Blum of counsel), for The Legal Aid Society, amicus curiae (one brief filed).

Levy Ratner, P.C., New York City (David M. Slutsky of counsel), for 1199 SEIU United Healthcare Workers East, amicus curiae.

SANTUCCI, J.P., ANGIOLILLO and CHAMBERS, JJ., concur.

OPINION OF THE COURT

ENG, J.

Ten nurses, all from the Republic of the Philippines, are under indictment in Suffolk County for the misdemeanor offenses of conspiracy in the sixth degree, endangering the welfare of a child, and endangering the welfare of a physically-disabled person. The prosecution of these individuals came in the aftermath of their simultaneous resignations from positions at a Long Island nursing home. The attorney who provided these nurses...

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