Appellate Division of the Supreme Court of New York, 1963

Hodes v. Helman

Hodes v. Helman
Appellate Division of the Supreme Court of New York · Decided June 13, 1963
19 A.D.2d 603; 240 N.Y.S.2d 665; 1963 N.Y. App. Div. LEXIS 3618
Hodes v. Helman

Opinion of the Court

Petition under article 78 in the nature of a writ of prohibition unanimously dismissed, without costs. Prohibition does not lie to prevent the taking of testimony where the court has jurisdiction of the subject matter and alleged errors in the reception of testimony may be remedied by way of *604appeal, and where no extreme necessity is shown (Matter of City of New York v. Maltbie, 248 App. Div. 36, affid. 274 N. Y. 464). Concur — Breitel, J. P., McNally, Eager, Steuer and Bastow.

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