Opinion
August 13, 1968
Application pursuant to CPLR, article 78, to prohibit respondents from proceeding to try petitioner on charges contained in indictment No. 30/66. There is no showing that respondents are "about to proceed without or in excess of jurisdiction". (CPLR 7803, subd. 2.) Application denied and petition dismissed, without costs. Gibson, P.J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur.