MATTER OF ELLINGHAM v. MORTON


116 A.D.2d 1032 (1986)

In the Matter of James E. Ellingham, as Father and Natural Guardian of Michael K. Ellingham, an Infant, Petitioner, v. Glenn R. Morton, as Genesee County Court Judge, et al., Respondents

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

January 24, 1986


Application denied and petition dismissed, without costs.

Memorandum:

Petitioner commenced this CPLR article 78 proceeding seeking an order of this court prohibiting the County Court Judge and the District Attorney from conducting further proceedings upon an indictment charging him with burglary in the third degree. He contends that the court lacks jurisdiction to try him as an adult since he was under 16 years...

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