In Matter of Kaplan v. Tomei, 224 A.D.2d 530 2nd Dept. (1996), the defendant in the underlying criminal action made application to be permitted to photograph the apartment of the alleged crime victim therein, as well as the interior of any cabinets or closets within said apartment. State Supreme Court granted the applications. However, in an ensuing Article 78 proceeding, enforcement of the subject Orders was subsequently prohibited by unanimous Order of the Appellate Division, 2nd Dept., the latter Court holding that Supreme Court had either acted without jurisdiction or in excess of its powers.