Matter of Kilmer v FitzGerald
2005 NY Slip Op 02768 [17 AD3d 161]
April 12, 2005
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 22, 2005
Matter of Catesby Kilmer v Daniel P. FitzGerald
In the Matter of Catesby Kilmer, Petitioner,
Daniel P. FitzGerald et al., Respondents.
—[*1]Application for an order pursuant to article 78 of the Civil Practice Law and Rules denied and the petition dismissed, without costs, without prejudice to raising the same or similar arguments on appeal from a judgment of conviction, if any, under Supreme Court, New York County, Indictment No. 208/04. No opinion. Concur—Buckley, P.J., Marlow, Ellerin, Gonzalez and Sweeny, JJ.