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MATTER OF FERRARO v. SUPREME COURT, COUNTY OF QUEENS

36 A.D.2d 841 (1971)

In Matter of Frank Ferraro et al., Petitioners, v. Supreme Court, County of Queens, et al., Respondents In the Matter of Milton Kellog, Petitioner, v. Supreme Court, County of Queens, et al., Respondents

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

April 19, 1971

On each application, proceeding is dismissed, without costs.

Hopkins, J., votes for the dismissal of the proceedings, with the following memorandum:

A proceeding under article 78 of the CPLR may not be used to challenge a determination in a criminal matter (CPLR 7801, subd. 2). The traditional purpose of prohibition is to stop proceedings by a body or officer without or in excess of jurisdiction (CPLR 7803, subd. 2). That purpose is not what the...

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