MATTER OF VAN WIE v. KIRK


244 A.D.2d 13 (1998)

675 N.Y.S.2d 469

In the Matter of Floyd W. Van Wie, Petitioner, v. Patrick L. Kirk, as Herkimer County Court Judge, et al., Respondents

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

June 10, 1998


Attorney(s) appearing for the Case

Alfred P. Kremer, Rochester, for petitioner.

Dennis C. Vacco, Attorney-General, Syracuse, for respondent.

Michael E. Daley, District Attorney of Herkimer County, respondent pro se.

HAYES, PIGOTT, JR., BALIO and FALLON, JJ., concur.


DENMAN, P. J.

In this original CPLR article 78 proceeding, petitioner seeks a judgment prohibiting the prosecution of petitioner on indictment No. 94-21; dismissing that indictment; vacating two confessions of judgment executed by petitioner; vacating an affidavit in which petitioner withdrew his claim for workers' compensation benefits; directing the County of Herkimer to refund to petitioner any sums paid pursuant...

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