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Mason v. Smyk

Appellate Division of the Supreme Court of New York, Third Department
Aug 23, 1973
42 A.D.2d 887 (N.Y. App. Div. 1973)

Opinion

August 23, 1973


Application pursuant to CPLR article 78 for relief in the nature of prohibition denied as not being the appropriate remedy in this case ( Matter of Lee v. County Court of Erie County, 27 N.Y.2d 432, 436-437; cf. Hensley v. Municipal Ct., 411 U.S. 345), without prejudice to an application by petitioner for a writ of habeas corpus (see CPLR 7002 [a]) or to an application by the District Attorney or others authorized for relief pursuant to sections 1032 FCT and 1056 FCT of the Family Court Act. Staley, Jr., J.P., Cooke, Sweeney, Kane and Main, JJ., concur.


Summaries of

Mason v. Smyk

Appellate Division of the Supreme Court of New York, Third Department
Aug 23, 1973
42 A.D.2d 887 (N.Y. App. Div. 1973)
Case details for

Mason v. Smyk

Case Details

Full title:In the Matter of CHARLES R. MASON, Petitioner, v. STEPHEN SMYK, Judge of…

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

Date published: Aug 23, 1973

Citations

42 A.D.2d 887 (N.Y. App. Div. 1973)