Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith, with all convenient speed.
The respondent in this proceeding, James Combest, is the defendant in a criminal action entitled People v Combest, pending in Supreme Court, Kings County, under Indictment No. 3753/2000, in which he is charged with the murder of Christopher Hernandez...
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