Opinion
June 11, 1985
Motion to dismiss proceeding pursuant to CPLR article 78, for judgment in the nature of prohibition, granted. We conclude that the denial of the motion to dismiss the indictment is not subject to review at this time by way of collateral proceeding ( see, Matter of Masin v. County Ct., 97 A.D.2d 643). In light of this decision, the motion for a stay is denied as academic. Mahoney, P.J., Kane, Yesawich, Jr., Levine and Harvey, JJ., concur.