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MATTER OF ERWAY v. MacAFFER

282 A.D. 287 (1953)

In the Matter of Julian B. Erway, as District Attorney of Albany County, Petitioner, v. Kenneth S. MacAffer, Individually and as a Justice of the Supreme Court, et al., Respondents

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

July 2, 1953.

Attorney(s) appearing for the Case

Julian B. Erway, District Attorney (Philip G. Coffey, Jr., of counsel), petitioner.

Ernest B. Morris and Donald A. MacHarg for George Warnock and another, respondents.

BERGAN, COON, HALPERN and IMRIE, JJ., concur.

FOSTER, P. J.

This is an application by the District Attorney of Albany County for an order in the nature of prohibition under article 78 of the Civil Practice Act.

On October 10, 1952, an information was laid before a Police Court Justice in the city of Albany charging the respondent, George Warnock, with the offense of disorderly conduct, in violation of subdivision 3 of section 722 of the Penal Law...

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