MTR. OF PASTERNACK v. BLOCK


35 Misc.2d 16 (1962)

In the Matter of Harry Pasternack, Petitioner, v. Abraham M. Block, Individually and as Chief City Magistrate of the City of New York et al., Respondents.

Supreme Court, Special Term, Kings County.

May 24, 1962


Attorney(s) appearing for the Case

Winick, Hoffman & Grumet for petitioner. Louis J. Lefkowitz, Attorney-General, for respondents.


JAMES S. BROWN, JR., J.

This is a proceeding under article 78 of the Civil Practice Act in the nature of prohibition to restrain respondents from proceeding with the trial of petitioner.

Petitioner was charged with a violation of section 435-5.0 of the New York City Administrative Code (unnecessary noise) and a trial begun before a Magistrate of the City of New York. The complaining witness appeared without...

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