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Matter of Yosef

Appellate Division of the Supreme Court of New York, Second Department
Jun 25, 2001
284 A.D.2d 534 (N.Y. App. Div. 2001)

Opinion

Argued May 18, 2001.

June 25, 2001.

In a proceeding pursuant to CPLR 2304 to quash four Grand Jury subpoenas duces tecum, the petitioners appeal, as limited by their brief, from stated portions of an order of the Supreme Court, Kings County (D'Emic, J.), dated April 10, 2000.

Joshua L. Dratel, P.C., New York, N.Y., for appellants Mosdos Hachesed and Mifal Hachesed, and Sam A. Schmidt, New York, N Y (Marshall A. Mintz of counsel), for appellants Yeshiva Imrei Yosef and Yeshiva Spinka (one brief filed).

Eliot Spitzer, Attorney-General, New York, N.Y. (Bonnie H. Stein and Arthur G. Weinstein of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, BARRY A. COZIER, JJ.


ORDERED that the appeal is dismissed as academic, without costs or disbursements.

On oral argument it was conceded that the Grand Jury had disbanded, rendering the subpoenas void. There is no basis to apply the exception to the mootness doctrine. Accordingly, the appeal is dismissed as academic.

ALTMAN, J.P., KRAUSMAN, McGINITY and COZIER, JJ., concur.


Summaries of

Matter of Yosef

Appellate Division of the Supreme Court of New York, Second Department
Jun 25, 2001
284 A.D.2d 534 (N.Y. App. Div. 2001)
Case details for

Matter of Yosef

Case Details

Full title:IN THE MATTER OF GRAND JURY SUBPOENAS DUCES TECUM. YESHIVA IMREI YOSEF, ET…

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

Date published: Jun 25, 2001

Citations

284 A.D.2d 534 (N.Y. App. Div. 2001)
727 N.Y.S.2d 326