Opinion
April 3, 1989
Adjudged that the proceeding is dismissed as academic, without costs or disbursements.
By order dated December 2, 1988, Justice Moskowitz denied the petitioner's pro se motion to vacate a judgment rendered April 1, 1987 (Moskowitz, J.), convicting him of six counts of murder in the second degree, upon a jury verdict, and imposing sentence. That order, which was rendered prior to the return date of the instant petition, rendered this proceeding academic.
We note, furthermore, that a CPLR article 78 proceeding generally does not lie to review errors claimed to have occurred in a criminal proceeding (Matter of Hennessey v. Gorman, 58 N.Y.2d 806, 807). Inasmuch as there is no claim that the respondents lacked jurisdiction or authority to act in the underlying criminal action, the matter is inappropriate for CPLR article 78 treatment and the proceeding in the nature of prohibition must be dismissed (Matter of Greenberg v. Turner, 127 A.D.2d 909). Mollen, P.J., Thompson, Spatt and Harwood, JJ., concur.