MATTER OF VITALE v. MURTAGH

Proceeding pursuant to CPLR article 78 to prohibit respondents from proceeding with the trial of an indictment and to dismiss the indictment. Application denied and proceeding dismissed, without costs, and without prejudice to the raising of the issues on appeal from any final judgment which may be entered. Gulotta, P.J., Rabin, Martuscello, Cohalan and Munder, JJ., concur.