Opinion
May 24, 1967
MEMORANDUM BY THE COURT. Appeals from orders of the Supreme Court, Albany County, dated April 5, 1967, enjoining appellant, Paul R. Coughlin, Esq., from acting as counsel to the Corporation Counsel pending determination of Action No. 1, and from acting as Police Justice pending determination of Action No. 2. Upon the argument, counsel for the parties agreed to be ready for immediate trial of the actions. Order in Action No. 2 affirmed, without costs; order in Action No. 1 modified, on the law and the facts and in the exercise of discretion, so as to delete the provisions thereof which restrained appellant Paul R. Coughlin from appearing or acting as counsel to the Corporation Counsel in actions instituted by or against the city prior to March 13, 1967, and which enjoined the payment of compensation for such services, pending trial and determination of these actions, and so long as said appellant shall be restrained from acting as Police Justice pursuant to the order appealed from in Action No. 2, and as so modified, affirmed, without costs; the determination herein made is without prejudice to the right of appellants, or either of them, to apply to vacate the injunctive relief heretofore awarded in the event plaintiffs shall not be ready to proceed to trial at the term of the Supreme Court to commence June 1, 1967, at which term the parties should apply for a preference. Gibson, P.J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.