Weiss v. Sprayregen

As the title here shows, this is a proceeding instituted under article 78 of the Civil Practice Act. The relief sought is an order “ reviewing, vacating, annulling and setting aside all the proceedings taken and had before the said respondent and his determination thereon * * * dismissing the information in the above-entitled actions and proceedings.” The actions and proceedings in question are strictly criminal in nature. The statute expressly denies authority to review the same in this proposed proceeding. (Civ Prac. Act, § 1285, subd. 2.) Accordingly, the respondent having duly objected in…