Opinion
DOCKET NO. OP 14-00546
04-16-2014
IN THE MATTER OF VIRGIL BROWN, PETITIONER, v. HONORABLE KENNETH F. CASE, ERIE COUNTY COURT JUDGE, AND LYNETTE M. REDA,ESQ., ERIE COUNTY ASSISTANT DISTRICT ATTORNEY, RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Petitioner having moved for permission to prosecute as a poor person a CPLR article 78 proceeding, and for other relief,
Now, upon reading and filing the affidavit of Virgil Brown sworn to March 19, 2014, the statements of Virgil Brown received March 24, 2014, the notice of motion with proof of service thereof, proposed order to show cause, the notice of petition and the verified petition, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Petitioner has failed to set forth facts sufficient to demonstrate a meritorious basis for a CPLR article 78 petition. Prohibition is an extraordinary remedy that will not lie where there is available an adequate remedy at law, such as an appeal (see Matter of Lipari v Owens, 70 NY2d 731, 732-733).
Frances E. Cafarell, Clerk