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MATTER OF SILVER v. GASSMAN

12 Misc.2d 58 (1957)

In the Matter of Edward S. Silver, as District Attorney of Kings County, Petitioner, v. Benjamin Gassman et al., Individually and as Justices of the Court of Special Sessions of the City of New York, et al., Respondents.

Supreme Court, Special Term, Kings County.

December 11, 1957.

Attorney(s) appearing for the Case

Edward S. Silver, in person, and David Diamond for Edward S. Silver, petitioner.

Louis J. Lefkowitz, Attorney-General, for Benjamin Gassman and another, respondents.

Caroline Davidson for William Sockwell, respondent.

ANTHONY J. DI GIOVANNA, J.

This is an application by the District Attorney of Kings County for an order pursuant to article 78 of the Civil Practice Act to compel a Justice of the Court of Special Sessions of the City of New York, County of Kings, to restore a case to the Trial Calendar which has been D. O. R.'d [discharged on his own recognizance]. The Attorney-General of the State of New York moves to dismiss...

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