Appellate Division of the Supreme Court of New York, 1973

Mason v. Smyk

Mason v. Smyk
Appellate Division of the Supreme Court of New York · Decided August 23, 1973
42 A.D.2d 887; 346 N.Y.S.2d 1023; 1973 N.Y. App. Div. LEXIS 3608
Mason v. Smyk

Opinion of the Court

Application pursuant to CPLR article 78 for relief in the nature of prohibition denied as not being the appropriate remedy in this case (Matter of Lee v. County Court of Erie County, 27 N Y 2d 432, 436-437; icf. Hensley v. Municipal Ct., 411 TJ. S. 345), without prejudice to an application by petitioner for a writ of habeas corpus (see CPLR 7002 [a]) or to an application by the District Attorney or others authorized for relief pursuant to sections 1032 and 1056 of the Family Court Act. Staley, Jr., J. F., Cooke, Sweeney, Kane and Main, JJ., concur.

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