Moran v. Daley

Proceeding pursuant to CPLR article 78 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 506 [b] [1]) to prohibit respondents from proceeding to trial against petitioner in the Oneida County Court on indictment Nos. 2003-408 and 2003-049 upon the sua sponte reinstatement of those indictments by respondent Michael E. Daley, Acting Oneida County Court Judge.

It is hereby ordered that the petition be and the same hereby *1046is unanimously granted without costs and judgment is granted in favor of petitioner as follows: “It is adjudged that…