Thomas v. Justices of the Supreme Court

Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to preclude the respondent Honorable Roger N. Rosengarten from retrying the petitioners in a criminal action entitled People v Anthony Thomas and Thomas Boone, pending in the Supreme Court, Queens County, under Indictment No. 951/01.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

*586The petitioners failed to join and serve a necessary party, the District Attorney of Queens County (see CPLR 7804 [i]). Feuerstein, J.P., Smith, H. Miller and Townes, JJ., concur.