SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT
November 14, 1969
IN THE MATTER OF ROBERT A. GRASSO, PETITIONER,
ARCHIBALD C. WEMPLE, AS JUDGE OF THE COUNTY COURT OF SCHENECTADY COUNTY, RESPONDENT
Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur.
Motion to dismiss granted, without costs, on the ground that an article 78 proceeding may not be used to review the discretionary act of a court in a criminal matter. (Matter of Bloeth v. Marks, 20 A.D.2d 372, mot. for lv. to app. den. 15 N.Y.2d 481.)
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