Legal Opinion
Milonas v. Schwalb
New York Supreme Court
Decided February 18, 1971PublishedCited by 8 opinions
1Opinion of the CourtEdward J. Greenfield, J.
Petitioners bring on this article 78 proceeding in the nature of a writ of prohibition, seeking to restrain a Judge of the Criminal Court of the City of New York from proceeding with a proposed hearing which, it is claimed by petitioners, confronts them with the imminent, and irreparable deprivation of their constitutional rights.
This court has the undoubted power under CPLK, 7801 to grant the relief sought, and to prohibit the proposed proceedings in an inferior court. The remedy of prohibition is restricted to those circumstances which require a forbidding of the exercise of unwarranted…
2Cases cited26 opinions
- In Re Murchison.Supreme Court of the United States · 1955
- Freedman v. MarylandSupreme Court of the United States · 1965
- Marcus v. Search Warrant of PropertySupreme Court of the United States · 1961
- A Quantity of Copies of Books v. KansasSupreme Court of the United States · 1964
- Kingsley Books, Inc. v. BrownSupreme Court of the United States · 1957
21 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Voccola v. ShillingNew York Supreme Court · 1976
- G. I. Distributors, Inc. v. MurphyCourt of Appeals for the Second Circuit · 1972
- People v. BonnerwithJustice Court of Town of Rhinebeck · 1972
- People v. Matthew O'Brien & Mod Cinema Corp.New York District Court · 1971
- Bethview Amusement Corp. v. Judges of Nassau County District CourtNew York Supreme Court · 1971
3 more not listed; retrieve them via the Exa API.