Rogers v. Greenberg

Proceeding pursuant to CPLR article 78 to prohibit the respondents from proceeding with the prosecution of Kings County indictment No. 2147/85 against the petitioner.

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

The petitioner claims that the People failed to file a timely notice of appeal (see, People v Coaye, 68 NY2d 857) to this court from an order of the Supreme Court, Kings County (Finnegan, J.), entered May 26, 1987, which granted his motion to dismiss indictment No. 2147/85. Therefore, he asserts that despite this court’s reversal of that order (see, People…