Innes v. Cosgrove

Resettled order denying the application of the district attorney of Richmond county for an order, pursuant to article 78 of the Civil Practice Act, to restrain the county judge of Richmond county from entertaining and determining an application to vacate an order theretofore made by him, approving a direction of the grand jury that an information be filed in the Court of Special Sessions, in so far as appealed from, unanimously affirmed, without costs. The motion now pending before the county judge may be considered by him on the phase relating to the claim of the unauthorized presence before…