La Rocca v. Lane

Chief Judge Breitel.

This is a proceeding brought to prohibit respondent, a Judge in the Criminal Court, from requiring petitioner, a Roman Catholic priest, to change his clerical garb before appearing as defense counsel in a criminal jury trial. Special Term granted the petition and prohibited the Presiding Judge from enforcing his order. The Appellate Division reversed, one Justice dissenting, and dismissed the proceeding on the merits. Petitioner appeals.

The preliminary question is whether prohibition under CPLR article 78 lies. If it does, the issue becomes whether the court’s direction…