Davis v. Kohout

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 with the underlying criminal action in the Livingston County Court.

It is hereby ordered that the petition be and the same hereby is unanimously dismissed without costs.

Memorandum: While an indictment was pending against petitioner, her attorney became concerned that the Livingston County District Attorney had knowingly used perjured testimony before the grand jury and intended to do so at trial.…