Vera, Matter of
| Decision Date | 06 October 1975 |
| Citation | 49 A.D.2d 883,373 N.Y.S.2d 210 |
| Parties | In the Matter of Olga VERA, Appellant. David C. GILBERG et al., d/b/a Gilberg & Gilberg, Appellants, v. Charles J. HYNES, Deputy Attorney-General, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Gilberg & Gilberg, Mount Vernon (David C. Gilberg, Mount Vernon, of counsel), pro se and for appellant Vera.
Charles J. Hynes, Deputy Atty. Gen. (T. James Bryan and Hillel Hoffman, New York City, of counsel), pro se.
Before RABIN, Acting P.J., and HOPKINS, CHRIST, MUNDER and SHAPIRO, JJ.
MEMORANDUM BY THE COURT.
In a proceeding to quash a certain subpoena dated July 3, 1975 which directed petitioner to appear before a Grand Jury of Westchester County and to produce the books and records of Limpio Services, Inc., petitioner and her attorney David C. Gilberg (or his firm, Gilberg & Gilberg) appeal from an order of the County Court, Westchester County, dated July 15, 1975, which Inter alia denied the application and granted respondent's oral application to bar petitioner's said attorney from appearing for or representing petitioner or Limpio Services, Inc. in any matters affecting the investigation into nursing homes and health related facilities in Westchester County involving Kent Nursing Home.
Order modified by striking therefrom the second decretal paragraph and by substituting therefor the following:
As so modified, order affirmed, without costs.
It is premature at this time to determine whether Gilberg's representation of both petitioner and Kent Nursing Home before the Grand Jury would...
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...Inc., 105 A.D.2d 829, 830–831, 482 N.Y.S.2d 29 [2nd Dept 1984]. See also Matter of Kelly, 23 N.Y.2d 368 [1968];Matter of Vera, 49 A.D.2d 883, 373 N.Y.S.2d 210 [2nd Dept 1975]; Rosen v. Rosen, 5 Misc.3d 1031A, 799 N.Y.S.2d 163 [Sup.Ct., Suffolk County 2003]. Plaintiff has alerted the Court t......
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...sua sponte, is deciding this conflict issue (Booth v. Continental Insurance Co., 167 Misc.2d 429, 634 N.Y.S.2d 650; Matter of Vera, 49 A.D.2d 883, 373 N.Y.S.2d 210, app. den. 38 N.Y.2d 709, 382 N.Y.S.2d 1029, 346 N.E.2d 828). The Court has the duty to protect the integrity of the judicial s......
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