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MATTER OF FLEMMING v. MORGENTHAU

15 A.D.3d 320 (2005)

789 N.Y.S.2d 878

In the Matter of WOODROW FLEMMING, Appellant, v. ROBERT MORGENTHAU, as District Attorney of New York County, et al., Respondents.

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

February 24, 2005.

The petition was properly denied since none of petitioner's claims may be raised by way of an article 78 proceeding (CPLR 7801; Matter of Veloz v Rothwax, 65 N.Y.2d 902 [1985]). We note that petitioner has been convicted in the underlying criminal action and has a direct appeal pending before...

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