Fitzpatrick v. Rosenthal
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Hurlbutt, J.P.
Plaintiff, the District Attorney of Onondaga County (District Attorney), commenced this combined CPLR article 78 proceeding and declaratory judgment action seeking a writ of prohibition and declaratory relief. For the reasons set forth infra, we agree with Supreme Court that this is properly a declaratory judgment action inasmuch as a writ of prohibition does not lie under the circumstances presented herein. We further conclude that the court erred in declaring that five felony complaints dismissed pursuant to CPL 140.45 by defendant Kate Rosenthal, Syracuse…
2Cases cited22 opinions
- Beck v. OhioSupreme Court of the United States · 1964
- Gerstein v. PughSupreme Court of the United States · 1975
- Lanza v. WagnerNew York Court of Appeals · 1962
- County of Riverside v. McLaughlinSupreme Court of the United States · 1991
- People v. BigelowNew York Court of Appeals · 1985
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