Matter of Beecher v. Brown

Full title: In the Matter of KENNETH BEECHER et al., Appellants, v. LEE P. BROWN, as…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 29, 1993

192 A.D.2d 495 (N.Y. App. Div. 1993)

597 N.Y.S.2d 36

Opinion

April 29, 1993

Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).

Respondents initiated disciplinary proceedings against petitioners, since, instead of cooperating as witnesses with representatives of the Kings County District Attorney's office, who were investigating a violent incident, which resulted in two arrests, they asserted their privilege against self-incrimination.

The extraordinary remedy of prohibition was properly denied because petitioners can institute proceedings in the event of an adverse administrative determination (McGillicuddy v Monaghan, 280 App. Div. 144, 145; Matter of Askinazi v Police Dept., 25 A.D.2d 429).

Concur — Rosenberger, J.P., Ellerin, Asch and Rubin, JJ.