Adjudged that the petition is granted, without costs or disbursements, and the respondent Marrus is prohibited from enforcing the order of preclusion dated October 8, 1987, made in the criminal action entitled People v Gerald Charry under Kings County indictment No. 2798/86; and it is further,
Ordered that the motion of the respondent Marrus to dismiss the petition is denied.
In the first instance, we conclude that while CPLR article 78 proceedings...
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