Legal Opinion
Proskin v. County Court of Albany County
New York Court of Appeals
Decided February 10, 1972PublishedCited by 52 opinions
1Opinion of the CourtBkbitel, J.
The issue is whether the Albany County Court acted in excess of its authority in granting the defendant in the related criminal action then pending before it an inspection of the Grand Jury minutes, and whether the remedy of prohibition lies to correct such excess.
It is well settled and not disputed on this appeal that prohibition may be used “ ‘ to restrain an inferior court from exceeding its authorized powers in a proceeding over which it has jurisdiction ’ ” (e.g., Matter of Lee v. County Ct. of Erie County, 27 N Y 2d 432, 436-437; Matter of Hogan v. Court of Gen. Sessions, 296 N. Y. 1,…
2Cases cited4 opinions
- People Ex Rel. Lemon v. Supreme CourtNew York Court of Appeals · 1927
- Matter of Hogan v. Court of General SessionsNew York Court of Appeals · 1946
- In re MontgomeryAppellate Division of the Supreme Court of the State of New York · 1908
- Schneider v. AulisiNew York Court of Appeals · 1954
3Cited by52 opinions
- Rush v. MordueNew York Court of Appeals · 1986
- Holtzman v. GoldmanNew York Court of Appeals · 1988
- La Rocca v. LaneNew York Court of Appeals · 1975
- Steingut v. GoldNew York Court of Appeals · 1977
- Holtzman v. HellenbrandAppellate Division of the Supreme Court of the State of New York · 1983
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