Legal Opinion
Kavanagh v. Vogt
New York Court of Appeals
Decided November 18, 1982PublishedCited by 18 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The judgment of the Appellate Division should be affirmed. The Appellate Division properly determined that the extraordinary remedy of prohibition does not lie unless *679a court acts in excess of its jurisdiction or its authorized powers (La Rocca v Lane, 37 NY2d 575, cert den 424 US 968). The County Court did not exceed its jurisdiction or its authorized powers in disqualifying the petitioner, a District Attorney, and his staff from prosecuting certain indictments due to a conflict of interest created by the presence of a former Assistant Public Defender in that…
2Cases cited2 opinions
- La Rocca v. LaneNew York Court of Appeals · 1975
- People v. ShinkleNew York Court of Appeals · 1980
3Cited by18 opinions
- Mtr. of Abrams (John Anonymous)New York Court of Appeals · 1984
- Soares v. HerrickNew York Court of Appeals · 2012
- Cloke v. PulverAppellate Division of the Supreme Court of the State of New York · 1998
- Montgomery v. MullerAppellate Division of the Supreme Court of the State of New York · 1992
- Soares v. HerrickAppellate Division of the Supreme Court of the State of New York · 2011
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