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CATHERINE A. GORMAN, PETITIONER-res, v. KATHLEEN M. RICE, ETC., APPELLANT res

MATTER OF CATHERINE A. GORMAN, PETITIONER-res, v. KATHLEEN M. RICE, ETC., APPELLANT res — (INDEX NO. 8279/10)In a proceeding, inter alia, pursuant to CPLR article 78 in the nature of prohibition to bar the retrial of the petitioner in an action entitled People v. Gorman, pending in the District Court, Nassau County, under Docket No. 2006NA016493, on the ground that the retrial would violate the prohibition against double jeopardy, Kathleen M. Rice appeals (1) from a judgment of the Supreme Court, Nassau County (Winslow, J.), dated August 16, 2010, which, in effect, granted the petition to the extent of dismissing the action pending against the petitioner under Docket No. 2006NA016493, and barring prosecution of the petitioner on the charges enumerated in the indictment in that action, and (2), as limited by her brief, from so much of an order of the same court dated February 23, 2012, as, upon reargument, adhered to the original determination.

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MATTER OF CATHERINE A. GORMAN, PETITIONER-res, v. KATHLEEN M. RICE, ETC., APPELLANT res — (INDEX NO. 8279/10)In a proceeding, inter alia, pursuant to CPLR article 78 in the nature of prohibition to bar the retrial of the petitioner in an action entitled People v. Gorman, pending in the District Court, Nassau County, under Docket No. 2006NA016493, on the ground that the retrial would violate the prohibition against double jeopardy, Kathleen M. Rice appeals (1) from a judgment of the Supreme Court, Nassau County (Winslow, J.), dated August 16, 2010, which, in effect, granted the petition to the extent of dismissing the action pending against the petitioner under Docket No. 2006NA016493, and barring prosecution of the petitioner on the charges enumerated in the indictment in that action, and (2), as limited by her brief, from so much of an order of the same court dated February 23, 2012, as, upon reargument, adhered to the original determination.

ORDERED that the judgment is reversed, on the law, without costs or disbursements, the petition is denied, the proceeding is dismissed on the merits, and the order is vacated; and it is further,

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