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MATTER OF EMMI v. BURKE

236 A.D.2d 854 (1997)

653 N.Y.S.2d 780

In the Matter of Angelo Emmi, Petitioner, v. William J. Burke, as Onondaga County Court Judge, et al., Respondents

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

February 7, 1997

Petition unanimously dismissed without costs.

Memorandum:

In this original CPLR article 78 proceeding, petitioner seeks to prohibit respondents from proceeding on Onondaga County indictment No. 96-0612-1 and further seeks dismissal of that indictment. Petitioner, who was employed as a pharmacist at the State University of New York Health Science Center, was charged in that indictment with the crimes of grand larceny in the first degree (Penal Law § 155...

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