Mollis v. Cawse

In this article 78 of the Civil Practice Act proceeding the petitioner seeks to compel a Judge of the Criminal Court of the City of New York who denied his motion to suppress alleged illegally obtained evidence to sign and file a formal order. Petitioner does not dispute that respondent’s opinion denying his motion has been filed and that the back of the information bears the notation that the motion was denied followed by the Judge’s signature.

The respondent moves by cross motion to dismiss the petition for legal insufficiency contending that article 78 is not available to petitioner under…