It is hereby ordered that said petition be and the same hereby is unanimously dismissed without costs.
Memorandum:
Petitioner, the Monroe County District Attorney, commenced this original CPLR article 78 proceeding seeking relief in the nature of prohibition against respondent, an Acting Supreme Court Justice who at the time of the action complained of was sitting as a local criminal court. Purportedly pursuant to CPL 180.70 (4), respondent dismissed a felony...
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