Doyle v. Supreme Court

This is the second proceeding instituted at this term of court in the nature of prohibition maintained under article 78 of the Civil Practice Act against Justices of the Supreme Court arising from election cases. (Cf. Matter of Purcell v. Supreme Court, 286 App. Div. 981.) We therefore deem it necessary to denote the practice which we require be followed in this department in respect of the venue and the hearing in the Supreme Court of the summary proceedings authorized by section 330 of the Election Law.

Either a Special Term or a Trial Term may try the issues of law or fact of which, by…