Spearman v. Crew

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 ofMasin v County Ct., 97 AD2d 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.