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MATTER OF McNAMARA v. TORMEY

42 A.D.3d 971 (2007)

839 N.Y.S.2d 386

In the Matter of SCOTT D. McNAMARA, as District Attorney of Oneida County, Petitioner, v. JAMES C. TORMEY, as Supreme Court Justice, Fifth Judicial District, et al., Respondents.

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

Decided July 6, 2007.

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

Memorandum:

Petitioner commenced this original proceeding pursuant to CPLR 7804 (b) seeking a judgment in the nature of prohibition. By his petition, petitioner seeks to vacate a second amended modified order, dated April 18, 2007, appointing a special district attorney to prosecute respondent Gerald R. Dion, Jr. It is well settled that "the validity of an...

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