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MATTER OF NEAL v. WHITE

46 A.D.3d 156 (2007)

843 N.Y.S.2d 265

In the Matter of SHAMONE NEAL, Petitioner, v. RENEE WHITE, as a Justice of the Supreme Court, et al., Respondents.

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

October 11, 2007.

Attorney(s) appearing for the Case

Law Offices of Glenn R. Abolafia, New York City (Glenn R. Abolafia of counsel), for petitioner.

Andrew M. Cuomo, Attorney General, New York City (Katherine M. Timon of counsel), for Honorable Renee White, respondent.

Robert M. Morgenthau, District Attorney, New York City (Emily Logue of counsel), respondent pro se.

SAXE, J.P., GONZALEZ and SWEENY, JJ., concur with NARDELLI, J.; CATTERSON, J., dissents in a separate opinion.

OPINION OF THE COURT

NARDELLI, J.

This is a CPLR article 78 proceeding, in the nature of prohibition and mandamus, in which petitioner Shamone Neal seeks to vacate and prohibit the enforcement of a decision and order of the Supreme Court, New York County (Renee White, J.), entered on or about December 6, 2006, which, inter alia, denied petitioner's motion to dismiss the indictment against her.

Initially, petitioner was arraigned in Manhattan Criminal...

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