Ruskin v. Safir

2 Citing cases

  1. Doe v. Smith

    29 Misc. 3d 530 (N.Y. Sup. Ct. 2010)   Cited 1 times

    Respondents' contention to the contrary notwithstanding ( see Klasna affirm at 3-4), albeit without respondents having raised an objection in their verified answer, the provisions of CPLR 4506 are applicable to the disciplinary proceeding as to which petitioner seeks suppression. ( See Ruskin v Safir, 177 Misc 2d 190 [Sup Ct, NY County 1998], order vacated, appeal dismissed on other grounds 257 AD2d 268 [1st Dept 1999].) As petitioner contends, he has standing to make and this court has jurisdiction to consider the instant motion.

  2. Matter of Ruskin v. Safir

    257 A.D.2d 268 (N.Y. App. Div. 1999)   Cited 14 times

    Although, after this motion was brought, the Louisiana Federal District Court's order suppressing the tape recordings was reversed by the United States Court of Appeals for the Fifth Circuit in an unpublished opinion (United States v. Ruskin, 145 F.3d 360), the motion court in this matter nevertheless granted the preliminary injunction suppressing "all recorded telephone conversations pertaining to discounted airline tickets between Lowery and anyone else and all information derived therefrom including, but not limited to, testimony of Lowery, FBI Agent Daniel Westcott, Ramona Ridge and anyone from the Police Department's Internal Affairs Unit who has been monitoring this case." (Ruskin v. Safir, 177 Misc.2d 190, 195.) On June 28, 1998, the Louisiana Federal District Court granted petitioner's motion for a stay of the Federal trial pending resolution of petitioner's application for a writ of certiorari to the United States Supreme Court, which was subsequently denied (Ruskin v. United States, ___ U.S. ___, 119 S Ct 183).