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HILL v. EPPOLITO

196 Misc.2d 616 (2003)

766 N.Y.S.2d 509

CLINTON R. HILL, Petitioner, v. ANTHONY P. EPPOLITO, as Judge of the City Court of the City of Oneida, et al., Respondents.

Supreme Court, Madison County.

July 16, 2003.

Attorney(s) appearing for the Case

Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C., New York City (Robert J. Anello of counsel), for petitioner.

Donald F. Cerio, Jr., District Attorney, Wampsville, respondent pro se.

Mackenzie Hughes LLP, Syracuse (Peter D. Carmen of counsel), for Oneida Indian Nation, amicus curiae.

OPINION OF THE COURT

WILLIAM F. O'BRIEN, III, J.

Petitioner Clinton R. Hill commenced this CPLR article 78 action by verified petition seeking to vacate the written decision of Oneida City Court (Eppolito, J.; 194 Misc.2d 347 [2002]), dated December 10, 2002; to enjoin any further prosecution of petitioner under the pending Oneida City Court information in People v Hill (Oneida City Ct, Docket No. 2002-13636...

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