# Brown v. Braun

> Appellate Division of the Supreme Court of the State of New York · June 23, 1997 · 240 A.D.2d 663

URL: https://www.frixlaw.com/law-library/cases/6015369

## Case

- **Full name:** In the Matter of Richard A. Brown v. Evelyn Braun, as Justice of the Supreme Court of the State of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 23, 1997
- **Citations:** 240 A.D.2d 663; 659 N.Y.S.2d 301; 1997 N.Y. App. Div. LEXIS 6817
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6015369

## Opinion text

Proceeding pursuant *664 to CPLR article 78 in the nature of prohibition to enjoin the respondent Evelyn Braun, a Justice of the Supreme Court, from enforcing an order of the Supreme Court, Queens County, dated March 28, 1996, which granted the motion of the defendant in a criminal action entitled People v Davis under Indictment No. 436/94, for a trial order of dismissal and thereupon dismissed the indictment.
Motion by the respondent to dismiss the proceeding.
Upon the petition and the papers filed in support of the proceeding, and the papers filed in opposition thereto and in support of the motion, it is
Ordered that the motion is granted; and it is further,
Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.
The failure to name the defendant in the underlying criminal action as a party requires the dismissal of the instant proceeding under the circumstances of this case (see, CPLR 7802 [c]). Bracken, J. P., Rosenblatt, Miller, Ritter and Copertino, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6015369. Public record. Not legal advice.