Huff v. Kennedy (78 A.D.2d 1015, 1980)

Application unanimously denied and petition dismissed, without costs. Memorandum: The doctrine of collateral estoppel does not preclude prosecution in this case (see People v Berkowitz, 50 NY2d 333). The question presented by the denial of the free transcript may not be raised in a CPLR article 78 proceeding brought in this court. (Art 78.) Present — Hancock, Jr., J. P., Schnepp, Callahan, Doerr and Witmer, JJ.