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Matter of Donald v. Palmieri

Appellate Division of the Supreme Court of New York, Second Department
Jul 29, 1996
229 A.D.2d 584 (N.Y. App. Div. 1996)

Opinion

July 29, 1996

Appeal from the County Court, Nassau County.


Upon the petition, the papers filed in support of the proceeding, and the papers filed in opposition thereto, it is

Adjudged the petition is denied and the proceeding is dismissed, without costs or disbursements.

Prohibition does not lie where the grievance can be redressed by appeal (see, Matter of Dondi v. Jones, 40 N.Y.2d 8, 14; see also, CPLR 7801; Matter of Rush v. Mordue, 68 N.Y.2d 348, 354; La Rocca v. Lane, 37 N.Y.2d 575, 579). Because the instant order is akin to an intermediate order which would be brought up for review upon an appeal from a judgment of conviction (see, CPL 450.10), the proper remedy is to appeal the judgment to the proper appellate court (see, Matter of Branciforte v. Spanish Naturopath Socy., 217 A.D.2d 619). Thompson, J.P., Copertino, Krausman and Florio, JJ., concur.


Summaries of

Matter of Donald v. Palmieri

Appellate Division of the Supreme Court of New York, Second Department
Jul 29, 1996
229 A.D.2d 584 (N.Y. App. Div. 1996)
Case details for

Matter of Donald v. Palmieri

Case Details

Full title:In the Matter of DONALD P., Petitioner, v. DANIEL R. PALMIERI, Respondent

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

Date published: Jul 29, 1996

Citations

229 A.D.2d 584 (N.Y. App. Div. 1996)
646 N.Y.S.2d 42