Legal Opinion · Concurrence

Simpson v. Swartwood

Appellate Division of the Supreme Court of the State of New York

Decided April 19, 1979Published

1Concurrence

Greenblott and Herlihy, JJ.,

concur in separate memoranda as follows: Greenblott, J. (concurring). While I concur in the result reached by the majority, I disagree with the majority’s holding that prohibition does not here lie. In my view, prohibition is available to review Special Term’s order to determine whether it "exceeded] its authorized powers in a proceeding over which it has jurisdiction” (Matter of State of New York v King, 36 NY2d 59, 62) when it removed the misdemeanor charge for the reason it specified. It is settled that prohibition is "never available merely to correct or…

2Cases cited5 opinions

  1. MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
  2. La Rocca v. LaneNew York Court of Appeals · 1975
  3. Dondi v. JonesNew York Court of Appeals · 1976
  4. People v. SkrynskiNew York Court of Appeals · 1977
  5. State of New York v. HarveyAppellate Division of the Supreme Court of the State of New York · 1976

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