Majority
p. 701Second Department, May, 1974 (May 22, 1974)[1] In the Matter of Thomas Wiley, Petitioner, v John C. Couzens, as Judge of the County Court, Westchester County, et al., Respondents.
On
p. 702
the court’s own motion, decision and order of this court both dated April 25, 1974 are recalled and vacated and the following decision substituted therefor: "Proceeding pursuant to article 78 of the CPLR to prohibit respondents from taking any action with respect to Indictment No. 480-01/73 in the County Court, Westchester County.” Application denied; and proceeding dismissed, without costs. Latham, Acting P. J., Shapiro, Cohalan, Brennan and Benjamin, JJ., concur.