Matter of Gordon v McGann
2008 NY Slip Op 03219 [50 AD3d 798]
April 8, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


In the Matter of Diane Gordon, Petitioner,
v
Robert C. McGann et al., Respondents.

—[*1] Bernard H. Udell and Danielle Eaddy, Brooklyn, N.Y., for petitioner.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Monique Ferrell of counsel), respondent pro se.

Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondents from proceeding with the prosecution of the petitioner under Kings County indictment No. 912/06.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

The petitioner has failed to demonstrate a clear legal right to the relief sought. Rivera, J.P., Florio, Angiolillo and Chambers, JJ., concur.