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Thomas v. Justices of the Supreme Court

304 A.D.2d 585 Court N.Y. App. Div. Decision date 2003-04-07 English

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p. 585
In the Matter of Anthony Thomas et al., Petitioners, v Justices of the Supreme Court of the State of New York, Queens County, et al., Respondents.
[756 NYS2d 909]

Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to preclude the respondent Honorable Roger N. Rosengarten from retrying the petitioners in a criminal action entitled People v Anthony Thomas and Thomas Boone, pending in the Supreme Court, Queens County, under Indictment No. 951/01.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

p. 586
The petitioners failed to join and serve a necessary party, the District Attorney of Queens County (see CPLR 7804 [i]). Feuerstein, J.P., Smith, H. Miller and Townes, JJ., concur.