Simpson v. Swartwood

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…