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MATTER OF SANTUCCI v. ROTKER

110 A.D.2d 842 (1985)

In the Matter of John J. Santucci, as District Attorney of The County of Queens, Petitioner, v. Seymour Rotker, as Justice of the Supreme Court, County of Queens, et al., Respondents

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

April 22, 1985

Proceeding dismissed, without costs or disbursements.

Petitioner, the District Attorney of Queens County, seeks to vacate an order of Supreme Court Justice Seymour Rotker. Petitioner contends that the determination that the criminal defendants were entitled to an order of preclusion was not supported by substantial evidence, and was an abuse of discretion. It is well established that the extraordinary remedy of prohibition "does not lie as a means of seeking a collateral...

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