Hynes v. Tomei

—Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent Albert Tomei, Justice of the Supreme Court, Kings County, from enforcing a ruling, dated April 8, 1997, made in an underlying criminal action entitled People v David Still, under Kings County Indictment No. 7635/95, which directs the petitioner, the District Attorney of Kings County, not to supersede that indictment with a new indictment containing an additional offense.

Upon the petition and the papers filed in support of the proceeding, and the papers filed in opposition thereto, it is