Stephens v. Beldock

Full title: JOHNNY STEPHENS, Appellant, v. ALLEN BELDOCK, as Judge of the New York…

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

Date published: Dec 28, 1987

135 A.D.2d 807 (N.Y. App. Div. 1987)

Opinion

December 28, 1987

Appeal from the Supreme Court, Queens County.

Ordered that the judgment is affirmed, with costs, for reasons stated by Justice Finnegan in the Supreme Court.

We add that the Court of Appeals has recently held that even if an alleged error of constitutional dimension may be involved, prohibition does not lie because the issue would be reviewable upon direct appeal (Matter of Lipari v Owens, 70 N.Y.2d 731). Bracken, J.P., Kunzeman, Spatt and Harwood, JJ., concur.