Lawrence v. Supreme Court
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Petition brought under article 78 CPLR in the nature of a writ of prohibition, unanimously dismissed, without costs. Prohibition does not lie to correct alleged error or to prevent prospective error where the court has jurisdiction of the subject matter before it. The extraordinary remedy sought may not be employed where such error, if any, “ may be remedied by way of appeal, and where no extreme necessity is shown.” (Matter of Hodes v. Helman, 19 A D 2d 603, 604.) There is, therefore, no basis upon which to grant petitioner the relief he seeks. Concur — Breitel, J. P., Rabin, Yalente,…
2Cited by2 opinions
- Silberman v. WhalenAppellate Division of the Supreme Court of the State of New York · 1979
- Central School District No. 12 v. Middle Island Teachers Ass'nNew York Supreme Court · 1975