SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
December 2, 1969
IN THE MATTER OF DONALD RAMSEY, PETITIONER,
IRWIN D. DAVIDSON, AS A JUSTICE OF THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NEW YORK, ET AL., RESPONDENTS
Application for an order pursuant to article 78 CPLR directed against a Justice of the Supreme Court of the State of New York, County of New York, unanimously denied, without costs or disbursements, and the petition dismissed.
Concur -- Capozzoli, J. P., McGivern, Markewich, McNally and Steuer, JJ.
The subject matter of this proceeding is not a proper one for article 78 relief. (Matter of Saunders v. Lupiano, 30 A.D.2d 803.) The petitioner has a complete remedy by appeal from a judgment of conviction, if there be one. (Matter of Burton v. Marshall, 20 N.Y.2d 797; Matter of Bloeth v. Marks, 20 A.D.2d 372.)
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