Legal Opinion
Elcock v. Boccia
New York Supreme Court
Decided March 28, 1958PublishedCited by 7 opinions
1Opinion of the CourtJoseph A. Gavagan, J.
This is an article 78 proceeding against a Justice of the Municipal Court of the City of New York for an order directing him to vacate an order staying a warrant which had been issued against the tenant in an eviction proceeding. In essence, the landlord seeks a writ of prohibition on the ground that the respondent Municipal Court Justice *956had no power to stay a warrant of eviction after it had been issued by the clerk of that court.
The Attorney-G-eneral of this State, appearing on behalf of the respondent Justice, brings a cross motion to dismiss the petition for insufficiency.
The facts are…
2Cases cited8 opinions
- People Ex Rel. Lemon v. Supreme CourtNew York Court of Appeals · 1927
- People ex rel. Livingston v. WyattNew York Court of Appeals · 1906
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- Matter of Culver Contrg. Corp. v. HumphreyNew York Court of Appeals · 1935
- People Ex Rel. Jerome v. Court of General Sessions of the PeaceNew York Court of Appeals · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Joseph v. CheeseboroCivil Court of the City of New York · 1964
- Mennella v. López TorresNew York Court of Appeals · 1998
- Novick v. HallCivil Court of the City of New York · 1972
- Koleoglou v. MurphyNew York Supreme Court · 1962
- Capozzi v. WhitmanNew York Supreme Court · 1960
2 more not listed; retrieve them via the Exa API.