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Legal Opinion

Legal Aid Society of Sullivan County, Inc. v. Scheinman

New York Court of Appeals

Decided May 12, 1981PublishedCited by 684 opinions

1Opinion of the Court

OPINION OF THE COURT

Jones, J.

Relief under CPLR article 78 in the nature of mandamus does not lie to compel the removal by a superior court of *15charges pending in a local criminal court in order to assure a defendant trial before a lawyer-trained Judge.

By informations lodged against him in the Town of Mamakating Justice Court in Sullivan County, one John Housman stands charged with disorderly conduct and resisting arrest. Neither charge has yet been prosecuted. Shortly after being arraigned on those charges, however, Housman’s assigned counsel, petitioner Legal Aid Society of Sullivan County,…

2Cases cited1 opinion

  1. MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975

3Cited by684 opinions

  1. Klostermann v. CuomoNew York Court of Appeals · 1984
  2. Scherbyn v. Wayne-Finger Lakes Board of Cooperative Educational ServicesNew York Court of Appeals · 1991
  3. Brusco v. BraunNew York Court of Appeals · 1994
  4. Nassau Boces Central Council of Teachers v. Board of Cooperative Educational ServicesNew York Court of Appeals · 1984
  5. New York Civil Liberties Union v. StateNew York Court of Appeals · 2005

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