Lawrence v. Supreme Court of New York, New York County

Decision Date18 November 1965
Citation24 A.D.2d 849,264 N.Y.S.2d 501
PartiesApplication of John M. LAWRENCE, Petitioner, v. The SUPREME COURT OF the State of NEW YORK, COUNTY OF NEW YORK, Emilio Nunez, a Judge of said Court, and Anna M. Kross, Commissioner, Department of Correction of the City of New York Respondents, for an order pursuant to Article 78, CPLR.
CourtNew York Supreme Court — Appellate Division

J. M. Lawrence, pro se.

L. J. Lefkowitz, L. Larkin, New York City, and Arthur H. Miller, Brooklyn, N. Y., for respondents.

Before BREITEL, J. P., and RABIN, VALENTE, STEVENS and STEUER, JJ.

PER CURIAM.

Petition brought under Article 78 CPLR in the nature of a writ of prohibition, unanimously dismissed, without costs.

Prohibition does not lie to correct alleged error or to prevent prospective error where the Court has jurisdiction of the subject matter before it. The extraordinary remedy sought may not be employed where such error, if any, 'may be remedied by way of appeal, and where no extreme necessity is shown.' (Matter of Hodes v. Helman, 19 A.D.2d 603, 604, 240 N.Y.S.2d 665, 666). There is, therefore, no basis upon which to grant petitioner the relief he seeks.

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4 cases
  • Roberts v. County Court of Wyoming County
    • United States
    • New York Supreme Court — Appellate Division
    • June 29, 1972
    ...the grievance cannot adequately be redressed by ordinary proceedings at law or in equity (Mtr. of Lawrence v. Supreme Court of State of New York, Co. of New York, 24 A.D.2d 849, 264 N.Y.S.2d 501; see, also, People ex rel. Mayor v. Nichols, 79 N.Y. 582; 23 Carmody-Wait 2d, § 145.214, p. 785)......
  • People v. King
    • United States
    • New York Supreme Court — Appellate Division
    • January 28, 1975
    ...court where the grievance cannot adequately be redressed by ordinary proceedings at law or in equity (Mtr. of Lawrence v. Supreme Court of State of New York, Co. of New York, 24 A.D.2d 849; see, also, People ex rel. Mayor (of City of N.Y.) v. Nichols, 79 N.Y. 582; 23 Carmody-Wait 2d (New Yo......
  • Central School Dist. No. 12, Middle Island v. Middle Island Teachers Ass'n, NYSUT, NEA-AFT, AFL-CIO
    • United States
    • New York Supreme Court
    • March 12, 1975
    ...the tribunal has subject matter jurisdiction (Ronan v. Brown, 35 A.D.2d 959, 317 N.Y.S.2d 868; Lawrence v. Supreme Court of State of N.Y., County of N.Y., 24 A.D.2d 849, 264 N.Y.S.2d 501), even where it is assumed that jurisdiction will be exercised erroneously (Gifts by Wire, Inc. v. Bruck......
  • Silberman v. Whelan
    • United States
    • New York Supreme Court — Appellate Division
    • May 10, 1979
    ...or clear excess of power. (See, State v. King, 36 N.Y.2d 59, 62, 364 N.Y.S.2d 879, 881, 324 N.E.2d 351, 353; Matter of Lawrence v. Supreme Court, 24 A.D.2d 849, 264 N.Y.S.2d 501.) At most, petitioner is raising an issue which should properly be a defense in the administrative proceeding. In......

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