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MATTER OF WILEY v. ALTMAN

76 A.D.2d 701 (1980)

In the Matter of Gilbert Wiley, Petitioner, v. Herbert Altman, as a Justice of The New York Supreme Court, Respondent

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

September 30, 1980

Attorney(s) appearing for the Case

Steven A. Thomas of counsel (Leslie Crocker Snyder and Moore, Libowitz & Thomas, attorneys), for petitioner.

Brian Rosner of counsel (Robert M. Morgenthau, District Attorney, attorney), for respondent.

KUPFERMAN, BIRNS and SILVERMAN, JJ., concur with MURPHY, P. J.; MARKEWICH, J., dissents in an opinion.

MURPHY, P. J.

In this CPLR article 78 proceeding originating in the Appellate Division, petitioner Wiley seeks to annul an order of the Supreme Court, New York County (Herbert Altman, J.), entered June 3, 1980 (People v Wiley, 104 Misc.2d 114), which denied his motion to dismiss the indictment under CPL 210.20 (subd 1, par [e]). Petitioner also seeks an order "prohibiting...

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