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Ross v. Giaccio

54 N.Y.2d 810 Court N.Y. Decision date 1981-09-22 English

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p. 810
In the Matter of Tamar Ross, Respondent, v William Giaccio, as Justice of the Supreme Court, Queens County, et al., Appellants, and Howard Ross, Intervenor-Appellant.
Decided September 22, 1981
p. 811
APPEARANCES OF COUNSEL
Robert Abrams, Attorney-General (Robert S. Hammer of counsel), for appellants.
Joel S. Sankel for intervenor-appellant.
Alexander Potruch for respondent.

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.