Legal Opinion

Blumen v. McGann

Appellate Division of the Supreme Court of the State of New York

Decided May 31, 2005PublishedCited by 7 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondents from proceeding with the trial in criminal action entitled People v Alan Blumen, P.C ., and Alan Blumen, pending in Supreme Court, Queens County, under indictment No. 2670/03, charging the petitioners with a violation of Judiciary Law § 482.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

A writ of prohibition is an extraordinary remedy which “lies only where there is a clear legal right, and . . . only when a court (if a court is involved) acts…

2Cases cited7 opinions

  1. Rush v. MordueNew York Court of Appeals · 1986
  2. MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
  3. Dondi v. JonesNew York Court of Appeals · 1976
  4. Steingut v. GoldNew York Court of Appeals · 1977
  5. People v. HoodAppellate Division of the Supreme Court of the State of New York · 1993

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. People v. CarrAppellate Division of the Supreme Court of the State of New York · 2012
  2. Cuomo v. HayesAppellate Division of the Supreme Court of the State of New York · 2008
  3. Matter of Hoovler v. De RosaAppellate Division of the Supreme Court of the State of New York · 2016
  4. Ashley v. McGawAppellate Division of the Supreme Court of the State of New York · 2006
  5. CARR, MYCHAL A., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012

2 more not listed; retrieve them via the Exa API.

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