MATTER OF DAVIS v. KOHOUT


35 A.D.3d 1173 (2006)

825 N.Y.S.2d 894

In the Matter of SEPHORA K. DAVIS, Petitioner, v. JOAN S. KOHOUT, as Acting Livingston County Court Judge, et al., Respondents.

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

Decided December 22, 2006.


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

Memorandum:

While an indictment was pending against petitioner, her attorney became concerned that the Livingston County District Attorney had knowingly used perjured testimony before the grand jury and intended to do so at trial. Petitioner's attorney commenced this original CPLR article 78 proceeding in this Court seeking a writ of prohibition prohibiting...

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