Appellate Division of the Supreme Court of New York, 1934

Carlino v. Downs

Carlino v. Downs
Appellate Division of the Supreme Court of New York · Decided June 15, 1934
242 A.D. 631
Carlino v. Downs

Opinion of the Court

Motion for a prohibition order against the county judge of Queens county in Matter of Carlina v. Downs, denied, without costs. This court in the first instance has no power to grant an alternative prohibition order against a judge of an inferior court. (Civ. Prac. Act, §§ 1343 and 1344.) In our opinion, the commitment already made and any resettled or amended commitment may be reviewed by certiorari. Present — Lazansky, P. J., Young, Kapper, Tompkins and Davis, JJ.

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