Opinion
November 16, 1942.
Present — Lazansky, P.J., Carswell, Johnston, Adel and Close, JJ.
Application for an order, pursuant to article 78 of the Civil Practice Act, prohibiting Charles W. Froessel, individually and as a Justice of the Supreme Court of the State of New York, the Supreme Court of the State of New York, held in and for the County of Queens, and Fred J. Munder, individually and as District Attorney of the County of Suffolk, from taking any action, giving any consideration to and making any decision and order upon an application made by Fred J. Munder, as District Attorney of the County of Suffolk, for an order modifying the order made by the County Court of Suffolk County on the 23rd day of April, 1938, directing the service by The People of a bill of particulars in an action entitled The People of the State of New York v. Morris C. Smith, defendant. In view of the decision in Matter of Smith [ ante, p. 868], decided herewith, the motion is dismissed.