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IN THE MATTER OF BROWN v. LATHAM

12 A.D.3d 1194 (2004)

785 N.Y.S.2d 259

In the Matter of RONALD L. BROWN, SR., Petitioner, v. JOSEPH W. LATHAM, as Steuben County Court Judge, et al., Respondents.

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

November 19, 2004.

It is hereby ordered that said petition be and the same hereby is unanimously dismissed without costs.

Memorandum:

Petitioner commenced this original proceeding seeking to prohibit respondents from proceeding with a prosecution against him upon an indictment in Steuben County Court (see CPLR 506 [b] [1]; 7804 [b]). Judge Joseph W. Latham does not appear in the proceeding (see 7804 [i]). It is undisputed that, during the pendency of a prosecution...

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