Appellate Division of the Supreme Court of New York, 2001

In re Grand Jury Subpoenas Duces Tecum

In re Grand Jury Subpoenas Duces Tecum
Appellate Division of the Supreme Court of New York · Decided June 25, 2001
284 A.D.2d 534; 727 N.Y.S.2d 326; 2001 N.Y. App. Div. LEXIS 6755
In re Grand Jury Subpoenas Duces Tecum

Opinion of the Court

—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.

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.

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