Holtzman v. Marrus
| Decision Date | 17 October 1989 |
| Citation | 547 N.Y.S.2d 829,74 N.Y.2d 865,547 N.E.2d 84 |
| Parties | , 547 N.E.2d 84 In the Matter of Elizabeth HOLTZMAN, Respondent, v. Alan MARRUS, as a Justice of the Supreme Court, et al., Appellants. |
| Court | New York Court of Appeals Court of Appeals |
The judgment of the Appellate Division should be reversed and the petition dismissed.
The court had jurisdiction to try the case and the only question is whether it had the power to issue the preclusion order. Even if prohibition were available to challenge such an order the proceeding would have to be commenced within four months of the date on which the order became final and binding (CPLR 217). Because the order in this case went into effect immediately, the petition served on Justice Marrus more than four months after that date was untimely (see, Siegel, N.Y.Prac. § 566, at 793).
Judgment reversed, without costs, and petition dismissed in a memorandum.
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13 cases
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Doorley v. DeMarco
...A.D.2d 931, 933–934, 720 N.Y.S.2d 664), as it is for a proceeding seeking prohibition ( seeCPLR 217; Matter of Holtzman v. Marrus, 74 N.Y.2d 865, 866, 547 N.Y.S.2d 829, 547 N.E.2d 84;Matter of Holtzman v. Goldman, 71 N.Y.2d 564, 568, 528 N.Y.S.2d 21, 523 N.E.2d 297 n.1). To determine the st......
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Smith v. Brown
...the nature of prohibition where a single circumscribed exercise of power is being questioned ( see e.g. Matter of Holtzman v. Marrus, 74 N.Y.2d 865, 866, 547 N.Y.S.2d 829, 547 N.E.2d 84), the petitioner herein is seeking a writ prohibiting his continued prosecution on the underlying indictm......
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Seiler v. Crandall
...State Dept. of Correctional Servs. , 8 N.Y.3d 186, 195, 831 N.Y.S.2d 749, 863 N.E.2d 1001 [2007] ; Matter of Holtzman v. Marrus , 74 N.Y.2d 865, 866, 547 N.Y.S.2d 829, 547 N.E.2d 84 [1989] ). Finally, "petitioner's request for leave to reargue neither extended nor tolled the statute of limi......
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Coffee v. Argento
...filed well beyond the four-month statute of limitations for a writ of prohibition (see CPLR 217[1] ; Matter of Holtzman v. Marrus, 74 N.Y.2d 865, 866, 547 N.Y.S.2d 829, 547 N.E.2d 84 [1989] ; see generally Matter of Doorley v. DeMarco , 106 A.D.3d 27, 33, 962 N.Y.S.2d 546 [4th Dept. 2013] )......
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