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MATTER OF MORITT v. EXTRAORDINARY SPECIAL & TRIAL TERM OF THE SUPREME COURT, COUNTY OF KINGS

36 N.Y.2d 911 (1975)

In the Matter of Fred G. Moritt, Appellant, v. Extraordinary Special and Trial Term of the Supreme Court, County of Kings et al., Respondents.

Court of Appeals of the State of New York.

Decided June 4, 1975.

Motion to dismiss appeal granted and appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved (CPLR 5601, par [b], par 1).

Cross motion for a stay of proceedings dismissed as academic. We do not reach the obvious question as to whether prohibition lies under CPLR article 78 (Matter of Nigrone v Murtagh, 36 N.Y.2d 421; Matter of State of New York v King,

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