From Casetext: Smarter Legal Research

Matter of Sommer v. Morton

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 1987
134 A.D.2d 876 (N.Y. App. Div. 1987)

Opinion

November 10, 1987

Present — Callahan, J.P., Doerr, Boomer, Green and Pine, JJ.


Application unanimously denied and petition dismissed without costs. Memorandum: This pro se application pursuant to CPLR article 78 seeks relief in the nature of a writ of prohibition to restrain respondent County Court Judge from resentencing petitioner probationer, who allegedly has served her original term of probation. The extraordinary remedy of prohibition is not appropriate to restrain respondent Judge from making a determination with respect to petitioner's alleged violation of the conditions of probation (see, Matter of Jacobs v. Altman, 69 N.Y.2d 733). (Article 78.)


Summaries of

Matter of Sommer v. Morton

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 1987
134 A.D.2d 876 (N.Y. App. Div. 1987)
Case details for

Matter of Sommer v. Morton

Case Details

Full title:In the Matter of ELAINE SOMMER, Petitioner, v. GLENN MORTON, Respondent

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

Date published: Nov 10, 1987

Citations

134 A.D.2d 876 (N.Y. App. Div. 1987)