Appellate Division of the Supreme Court of New York, 1981

Lucas v. Scheinman

Appellate Division of the Supreme Court of New York · Decided September 2, 1981

83 A.D.2d 969; 443 N.Y.S.2d 711; 1981 N.Y. App. Div. LEXIS 15429

Cases that cite this one

1 later published case cites this decision.

Konigsberg v. Scheinman (Appellate Division of the Supreme Court of New York 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Application, pursuant to CPLR article 78, for judgment in the nature of prohibition, denied, without costs, and petition dated July 16,1981 dismissed. The extraordinary remedy of *970prohibition is unavailable to review, at this stage of a criminal proceeding, matters such as the alleged bias or prejudice of a Trial Judge which can be raised upon direct appeal from a judgment of conviction (see Matter of Legal Aid Soc. of Sullivan County v Scheinman, 53 NY2d 12; Matter of Fitzgerald v Wells, 9 AD2d 812, mot for rearg or lv to app den 10 AD2d 654, mot for lv to app den 7 NY2d 711, app dsmd 9 NY2d 864). Kane, J. P., Main, Mikoll, Yesawich, Jr., and Herlihy, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.