Calandra v. Rothwax — 93 A.D.2d 766

Majority

p. 766

In the Matter of Michael Calandra et al., Petitioners, v Harold Rothwax et al., Respondents.

—Application for a writ of prohibition unanimously denied, the cross motion granted and the petition dismissed, in the exercise of discretion, without costs and without disbursements. It does not appear that there is a clear legal right to the remedy of prohibition and the matter is reviewable upon appeal. (Cf. Matter of Dondi v Jones, 40 NY2d 8 , 13.) No opinion. Concur — Murphy, P. J., Sullivan, Silverman, Lynch and Milonas, JJ.

Cases cited

Dondi v. Jones 40 NY2d 8 N.Y. 1976-06-03 at 13 p. 766