Holtzman v. Goldman

Proceeding pursuant to CPLR article 78, inter alia, to prohibit the respondent Goldman, a Justice of the Supreme Court, from enforcing his order, entered November 18, 1986, which, in a criminal action entitled People v Babayan (Sup Ct, Kings County, Indictment No. 2287/86), dismissed the indictment upon the People’s failure to produce the complaining witness at the defendant’s nonjury trial, and cross motion to dismiss the proceeding.

Adjudged that the cross motion is granted, and the proceeding is dismissed on the merits, without costs or disbursements.

After announcing their readiness for…