New York Court of Appeals, 1981

Ross v. Giaccio

Ross v. Giaccio
New York Court of Appeals · Decided September 22, 1981
54 N.Y.2d 810; 427 N.E.2d 949; 443 N.Y.S.2d 652; 1981 N.Y. LEXIS 3031

Ross v. Giaccio

Opinion of the Court

OPINION OF THE COURT

On summary consideration, order reversed, with costs, and the petition dismissed. The extraordinary remedy of prohibition is not available under the circumstances of this case where there has been no act in excess of jurisdiction but only an alleged error which can be adequately reviewed on a direct appeal.

Concur: Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Chief Judge Cooke.

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