Roberts v. County Court of Wyoming County

Judgment, denominated an order, in an article 78 proceeding in the nature of prohibition affirmed, without costs, on the limited ground that it was improvident to entertain the proceeding to prohibit the exercise of jurisdiction by the habeas corpus court. The habeas corpus court had jurisdiction to entertain the writ (CPLR 7004) and power to order a hearing to be held by the sentencing court (see, e.g., People ex rel. Prosser v. Martin, 306 N. Y. 710, 711-712). Hence, prohibition, which might be available to restrain a court from proceeding without jurisdiction or in excess of its powers,…