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MATTER OF WARD v. McQUILLAN

40 A.D.2d 974 (1972)

In the Matter of Francis X. Ward, Petitioner, v. Peter McQuillan, Respondent

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

December 28, 1972

An article 78 proceeding may not be employed to review a determination which was made in a criminal matter. (CPLR 7801; Matter of Wilson v. Galucci, 32 A.D.2d 784.) CPLR 2307 outlines the proper procedure for the enforcement of an application for a subpoena duces tecum. (Also see CPL 610.20, subd. 3.)

Murphy, J. concurs in the following memorandum:

I concur, but would add that if this matter were properly...

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