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In re Yetski

Citations: 78 A.D.2d 876; 434 N.Y.S.2d 1005; 1980 N.Y. App. Div. LEXIS 13597

Court: Appellate Division of the Supreme Court of the State of New York; November 9, 1980; New York; State Appellate Court

Narrative Opinion Summary

In a legal proceeding for permission to inspect the Grand Jury minutes related to the death of John Yetski, the petitioner appealed an order from the County Court of Nassau County dated April 1, 1980, which denied the application. The appellate court affirmed the County Court's decision, ruling that there was no abuse of discretion involved in the denial. The respondent, O’Donnell, was awarded $50 in costs and disbursements. The decision was supported by the precedent set in People v Di Napoli, 27 NY2d 229, with Judges Lazer, Gibbons, Gulotta, and Cohalan concurring.

Legal Issues Addressed

Awarding of Costs and Disbursements

Application: The respondent was awarded costs and disbursements, demonstrating the court's authority to impose financial penalties in appellate proceedings.

Reasoning: The respondent, O’Donnell, was awarded $50 in costs and disbursements.

Inspection of Grand Jury Minutes

Application: The court denied the petitioner's application to inspect Grand Jury minutes, upholding the lower court's discretion in such matters.

Reasoning: In a legal proceeding for permission to inspect the Grand Jury minutes related to the death of John Yetski, the petitioner appealed an order from the County Court of Nassau County dated April 1, 1980, which denied the application.

Precedential Authority in Appellate Decisions

Application: The decision was supported by precedent, reflecting the court's reliance on prior rulings to guide its judgment.

Reasoning: The decision was supported by the precedent set in People v Di Napoli, 27 NY2d 229, with Judges Lazer, Gibbons, Gulotta, and Cohalan concurring.

Standard of Review for Abuse of Discretion

Application: The appellate court affirmed the County Court's decision, indicating that the denial of the application did not constitute an abuse of discretion.

Reasoning: The appellate court affirmed the County Court's decision, ruling that there was no abuse of discretion involved in the denial.