Coastal Oil New York, Inc. v. Newton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
At issue in this CPLR article 78 proceeding is the alleged assignment of a criminal case to a Trial Judge in violation of the Uniform Rules for Trial Courts (22 NYCRR 200.11) and the Plan to Implement an Individual Assignment System for Supreme Court, First Judicial District, Criminal Branch, effective January 6, 1986. Whether viewed as one seeking prohibition or mandamus, the claim is not cognizable under CPLR article 78. Mandamus does not lie to compel acts, such as the assignment herein, that are entrusted to the respondent official’s discretion. Mandamus is available…
3Cases cited6 opinions
- MATTER OF PIRRO v. AngiolilloNew York Court of Appeals · 1996
- Crain Communications, Inc. v. HughesNew York Court of Appeals · 1989
- People v. LiberatoreNew York Court of Appeals · 1992
- United States Ex Rel. Monty v. McQuillanDistrict Court, E.D. New York · 1974
- Matter of BenedictNew York Court of Appeals · 1925
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4Cited by7 opinions
- People v. SchneidermanAppellate Division of the Supreme Court of the State of New York · 2002
- Francolino v. KuhlmanDistrict Court, S.D. New York · 2002
- People v. Ass'n of Trade Waste Removers of Greater New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Petersen v. Incorporated Village of SaltaireAppellate Division of the Supreme Court of the State of New York · 2010
- New York Criminal Bar Ass'n v. NewtonDistrict Court, S.D. New York · 1999
2 more not listed; retrieve them via the Exa API.