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MATTER OF WRIGHT v. WICKES

Appellate Division of the Supreme Court of New York, Third Department.
Aug 13, 1968

Application pursuant to CPLR, article 78, to prohibit respondents from proceeding to try petitioner on charges contained in indictment No. 30/66. There is no showing that respondents are "about to proceed without or in excess of jurisdiction". (CPLR 7803, subd. 2.) Application denied and petition dismissed, without costs. Gibson, P.J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur.