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MATTER OF SILVER v. GASSMAN

6 A.D.2d 694 (1958)

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

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 5, 1958

Order unanimously affirmed, without costs.

It was a ministerial obligation of the appellants to restore the case to the calendar for trial at the instance of the District Attorney (People v. Prosser, 309 N.Y. 353, 358, 361; Matter of McDonald v. Goldstein, 273 App. Div. 649, 650). The refusal to perform was not a judicial determination in the nature of the dismissal of an indictment which would be appealable (Code Crim...

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