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BRIGHENTI v. JUDGES, SUPREME CT.

41 A.D.2d 209 (1973)

In the Matter of Benjamin H. Brighenti et al., Petitioners, v. Judges of the New York Supreme Court of Richmond County et al., Respondents

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

April 2, 1973.

Attorney(s) appearing for the Case

Frank A. Lopez for petitioners.

John M. Braisted, Jr., District Attorney (Norman C. Morse of counsel), respondent in person.

Louis J. Lefkowitz, Attorney-General (A. Seth Greenwald of counsel), for respondents.

HOPKINS, Acting P. J., MUNDER, MARTUSCELLO and LATHAM, JJ., concur.

BRENNAN, J.

This proceeding in the nature of prohibition, pursuant to article 78 of the CPLR, initiated in this court against the respondents, Justices of the Supreme Court and the District Attorney of Richmond County, prays for judgment restraining the respondents from proceeding further with the prosecution of a kidnapping indictment pending against the petitioners in Richmond County.

Preliminarily, we find no merit to the respondents' claim...

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