Proskin v. County Court of Albany County

Scileppi, J. (dissenting).

By its action today, the majority of this court, culling authority from our recent decision in Matter of Lee v. County Ct. of Erie County (27 N Y 2d 432), sanc*22tions yet further delays in the orderly administration of criminal justice.

The order for a writ of prohibition is provided for by CPLR article 78 and represents a codification of the common law as to its natural function and the facts governing its issuance (Matter of Culver Contr. Corp. v. Humphrey, 268 N. Y. 26). The remedy is an extraordinary one which lies within sound discretion of the court; its office…