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MATTER OF DI SILVESTRO v. COURT OF SPECIAL SESSIONS OF THE CITY OF NEW YORK

16 Misc.2d 544 (1958)

In the Matter of Joseph W. Di Silvestro, Petitioner, v. Court of Special Sessions of the City of New York et al., Respondents.

Supreme Court, Special Term, Queens County.

December 9, 1958.

Attorney(s) appearing for the Case

William B. McDonald for petitioner.

Louis J. Lefkowitz, Attorney-General (Irving L. Rollins of counsel), for Court of Special Sessions of the City of New York, respondent.

WILLIAM B. GROAT, J.

Application under article 78 of the Civil Practice Act for an order in the nature of prohibition, restraining the Court of Special Sessions of the City of New York, Queens County, from further proceeding upon an information filed by the District Attorney charging petitioner with violation of section 483 of the Penal Law, and for incidental relief.

The information was based upon the return of the Magistrate presiding in the...

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