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Matter of Henry v. N.Y. St. Comm. of Inves

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 1988
143 A.D.2d 914 (N.Y. App. Div. 1988)

Opinion

October 24, 1988

Appeal from the Supreme Court, Suffolk County (Mullen, J.).


Ordered that the judgment is affirmed, without costs or disbursements, for reasons stated by Justice Mullen in his memorandum decision entered June 23, 1988. In so doing, we would reiterate Justice Mullen's admonition to the respondents that in carrying out their statutory responsibilities they be ever mindful of "the right of every individual to his good name and reputation and the right not to be unjustly `accused'". While the respondents are mandated by the enabling legislation by which the Temporary Commission of Investigation of the State of New York, sued here as the New York State Commission of Investigation (hereinafter the Commission) was established to "keep the public informed as to the * * * problems of criminal law enforcement in the state" (McKinney's Uncons Laws of N Y § 7502 [10]), it must be recognized that such mandate exists, inter alia, for the purpose of maintaining public confidence in the Commission and its activities, an aim to be encouraged "[only] so far as that object can be attained without injustice to the persons immediately concerned" (Estes v Texas, 381 U.S. 532, 542, quoting 2 Cooley, Constitutional Limitations ch XII, at 931 [Carrington 8th ed 1927]). Brown, J.P., Kunzeman, Rubin and Eiber, JJ., concur.


Summaries of

Matter of Henry v. N.Y. St. Comm. of Inves

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 1988
143 A.D.2d 914 (N.Y. App. Div. 1988)
Case details for

Matter of Henry v. N.Y. St. Comm. of Inves

Case Details

Full title:In the Matter of PATRICK HENRY et al., Appellants, v. NEW YORK STATE…

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

Date published: Oct 24, 1988

Citations

143 A.D.2d 914 (N.Y. App. Div. 1988)

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