Oglesby v. McKinney

OPINION OF THE COURT

Gorski, J.

In this appeal, we must determine, inter alia, whether the remedy of prohibition is available to petitioners to prevent a city court judge from requiring a county commissioner of jurors to provide a defendant in a criminal action in city court with a panel of prospective jurors comprised solely of residents of the *155city rather than of the entire county. For the reasons that follow, we conclude that the remedy of prohibition is not available under those circumstances and that this CPLR article 78 proceeding should be converted, sua sponte, to a declaratory judgment…