Roberts v. County Court of Wyoming County

Decision Date05 June 1974
Citation34 N.Y.2d 246,356 N.Y.S.2d 853,313 N.E.2d 335
Parties, 313 N.E.2d 335 In the Matter of Burton B. ROBERTS, as District Attorney of Bronx County, Appellant, v. COUNTY COURT OF WYOMING COUNTY et al., Respondents.
CourtNew York Court of Appeals Court of Appeals

Mario Merola, Dist. Atty. (Dwight D. Darcy, Asst. Dist. Atty., of counsel), for appellant.

Hayden H. Dadd, Attica, for Wyoming County Court, respondent.

Richard T. Farrell, Brooklyn, for Burton N. Pugach, respondent.

PER CURIAM.

Judgment, denominated an order, in an article 78 proceeding in the nature of prohibition affirmed, without costs, on the limited ground that it was improvident to entertain the proceeding to prohibit the exercise of jurisdiction by the habeas corpus court. The habeas corpus court had jurisdiction to entertain the writ (CPLR 7004) and power to order a hearing to be held by the sentencing court (see, e.g., People ex rel. Prosser v. Martin, 306 N.Y. 710, 711--712, 117 N.E.2d 902). Hence, prohibition which might be available to restrain a court from proceeding without jurisdiction or in excess of its powers, does not lie (see Matter of Proskin v. County Ct. of Albany County, 30 N.Y.2d 15, 18, 330 N.Y.S.2d 44, 45, 280 N.E.2d 875; Matter of Lee v. County Ct. of Erie County, 27 N.Y.2d 432, 436--437, 318 N.Y.S.2d 705, 707--708, 267 N.E.2d 452, 453--454; Matter of Hogan v. Culkin, 18 N.Y.2d 330, 336, 274 N.Y.S.2d 881, 885, 221 N.E.2d 546, 549; cf. Matter of Marx v. Holloran, 236 App.Div. 680, 257 N.Y.S. 879). Moreover, it would appear to be unseemly to invoke a summary proceeding to restrain proceedings under the constitutional writ (N.Y.Const., art. I, § 4). The evident unseemliness is further aggravated by the availability of an appeal, under CPLR 7011, from a judgment of habeas corpus (see Matter of Lee v. County Ct., Supra, p. 437, of 27 N.Y.2d, p. 708 of 318 N.Y.S.2d, p. 454 of 267 N.E.2d). Nor was the judgment any less final, for purposes of appeal, because it, in effect, directed a further hearing in the criminal action by the sentencing court (cf. People ex rel. Prosser v. Martin, Supra). Prohibition does not ordinarily lie if there be an adequate remedy by way of appeal (Matter of Lee v. County Ct., Supra).

In light of this disposition, the court does not consider the several grounds adopted by the Appellate Division in its opinion dismissing the petition. It is noted, also, that the controversy has been mooted: the Supreme Court in Bronx County conducted the postconviction hearing directed by the habeas...

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25 cases
  • Dondi v. Jones
    • United States
    • New York Court of Appeals Court of Appeals
    • 3 Junio 1976
    ... ... Trial Term of the Supreme Court of the State of ... New York, County of Queens, et al., ... N.Y.2d 59, 62, 364 N.Y.S.2d 874, Supra; Matter of Roberts v. County Ct. of Wyoming County, 34 N.Y.2d 246, 249, 356 ... ...
  • In the Matter of Richard A. Brown v. Blumenfeld
    • United States
    • New York Supreme Court — Appellate Division
    • 4 Octubre 2011
    ... ... BLUMENFELD, etc., et al., respondents. Supreme Court, Appellate Division, Second Department, New York. Oct. 4, ... Supple pro se of counsel), for amici curiae New York County Lawyers Association Ethics Institute, Queens County Bar ... 993, 104 S.Ct. 486, 78 L.Ed.2d 682; Matter of Roberts v. County Ct. of Wyoming County, 34 N.Y.2d 246, 248, 356 ... ...
  • People v. Siciliano
    • United States
    • New York Supreme Court — Appellate Division
    • 10 Junio 1976
    ... ... Daniel GIBSON, Defendant-Appellant ... Supreme Court, Appellate Division, First Department ... June 10, 1976 ... in the record for the statements attributed to the County Clerk of Bronx County that 'it was the custom and practice ... the remedy sought was unavailable, citing Matter of Roberts v. County Ct. of Wyoming County, 34 N.Y.2d 246, 356 ... ...
  • Molea v. Marasco
    • United States
    • New York Court of Appeals Court of Appeals
    • 20 Diciembre 1984
    ... ... Attorney of Westchester County, Respondent, ... Carmine C. MARASCO, as Judge of the County Court, ... Westchester County, et al., Respondents, ... Kevin ... King, supra; Matter of Roberts v. County Ct., 34 N.Y.2d 246, 248, 356 N.Y.S.2d 853, 313 ... ...
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