Opinion
April 8, 1952.
Present — Nolan, P.J., Carswell, Johnston, Adel and Wenzel, JJ.
The issues raised by the charges and specifications contained in the Grand Jury's petition and the respective answers of the respondents thereto are referred to Honorable PETER P. SMITH, Official Referee of the Supreme Court, for hearing and report, together with his recommendations. Pursuant to subdivision 7 of section 90 Jud. of the Judiciary Law, William B. Herlands, Esq., an attorney and counselor at law, who is the special assistant attorney-general conducting before the Grand Jury the inquiry out of which these charges arise and who has been duly designated by the Richmond County Bar Association, will be appointed to prosecute these disciplinary proceedings. The motion of respondent Rivkin to expunge or dismiss the Grand Jury's presentment relating to these charges, on the ground that the Grand Jury is without authority to make the presentment, denied, without prejudice to an application to the court having jurisdiction over the Grand Jury.