
    Second Department,
    February, 1953.
    (February 2, 1953.)
    In the Matter of Miles F. McDonald, as District Attorney of the County of Kings, Petitioner, against Alfred V. Norton, as a Justice of the Supreme Court of the State of New York, et al., Respondents.
   Application denied and proceeding dismissed, without costs. The respondent Justice of the Supreme Court, by his decision, has not indicated that he is proceeding contrary to the provisions of subdivision 1 of section 344 of the Code of Criminal Procedure, or that he has exceeded the powers thereby granted. (Cf. Matter of Murphy v. Supreme Court, 294 N. Y. 440, 445.) Present — Adel, Acting P. J., Wenzel, MacCrate, Schmidt and Beldock, JJ.  