Matter of Brown v Blumenfeld
Motion No: 2007-06785
Slip Opinion No: 2007 NYSlipOp 76341(U)
Decided on August 23, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M58805

E/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

MARK C. DILLON

JOSEPH COVELLO, JJ.

2007-06785

In the Matter of Richard Brown, etc., petitioner,

v Joel Blumenfeld, etc., et al., respondents.

DECISION & ORDER ON MOTION

Motion by the petitioner in a proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit Joel L. Blumenfeld, an acting Justice of the Supreme Court, Queens County, from enforcing certain subpoenas in an action entitled People v Bellamy, pending in the Supreme Court, Queens County, under Indictment No. 2194/94, to stay enforcement of all subpoenas issued in that action, pending hearing and determination of the proceeding by this court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and enforcement of all subpoenas issued in the action entitled People v Bellamy, pending in the Supreme Court, Queens County, under Indictment No. 2194/94, is stayed pending hearing and determination of the above-entitled proceeding by this court.

SCHMIDT, J.P., SANTUCCI, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court