Judgment affirmed, without costs or disbursements.
In Matter of McGinley v Hynes (supra) the Court of Appeals held that a writ of prohibition does not lie against a prosecutor who is merely acting in an investigatory, as opposed to a quasi-judicial, capacity. The court ruled that under such circumstances, the appropriate remedy is by way of a traditional motion to quash the subpoena. In view of the fact that the same Grand Jury proceedings are involved...
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