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Matter of Pollak v. Mogavero

Appellate Division of the Supreme Court of New York, Third Department
Dec 10, 1985
115 A.D.2d 848 (N.Y. App. Div. 1985)

Opinion

December 10, 1985


Motions to dismiss proceeding commenced in this court pursuant to CPLR article 78 granted, without costs. Petitioner has an adequate remedy to raise his double jeopardy challenge on appeals from the judgments of conviction previously rendered and, therefore, the present proceeding does not lie (see, CPLR 7801; La Rocca v Lane, 37 N.Y.2d 575). Kane, J.P., Main, Casey, Weiss and Mikoll, JJ., concur.


Summaries of

Matter of Pollak v. Mogavero

Appellate Division of the Supreme Court of New York, Third Department
Dec 10, 1985
115 A.D.2d 848 (N.Y. App. Div. 1985)
Case details for

Matter of Pollak v. Mogavero

Case Details

Full title:In the Matter of MARK POLLAK, Petitioner, v. JOSEPH A. MOGAVERO, JR., as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 10, 1985

Citations

115 A.D.2d 848 (N.Y. App. Div. 1985)

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