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Matter of Marino v. Appelman

Appellate Division of the Supreme Court of New York, Second Department
Jan 8, 1990
157 A.D.2d 661 (N.Y. App. Div. 1990)

Opinion

January 8, 1990


Ordered that the motion is granted; and it is further,

Adjudged that the proceeding is dismissed, without costs or disbursements.

The extraordinary remedy of prohibition does not lie as a means of seeking collateral review of an error of law, no matter how egregious, in a pending criminal matter (see, Matter of Kramer v Rosenberger, 107 A.D.2d 748, 749). Inasmuch as the petitioner has failed to demonstrate a clear legal right to this remedy which transcends a question of substantive or procedural law and which could not otherwise be safeguarded through the alternative remedy of appeal (see, Matter of Lipari v. Owens, 70 N.Y.2d 731; Matter of Rush v. Mordue, 68 N.Y.2d 348; Matter of Molea v. Marasco, 64 N.Y.2d 718), the proceeding is dismissed. Mollen, P.J., Thompson, Brown and Harwood, JJ., concur.


Summaries of

Matter of Marino v. Appelman

Appellate Division of the Supreme Court of New York, Second Department
Jan 8, 1990
157 A.D.2d 661 (N.Y. App. Div. 1990)
Case details for

Matter of Marino v. Appelman

Case Details

Full title:In the Matter of PATRICK MARINO et al., Petitioners, v. PEARLE APPELMAN et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 8, 1990

Citations

157 A.D.2d 661 (N.Y. App. Div. 1990)
549 N.Y.S.2d 762