Carlino v. Downs

Appellate Division of the Supreme Court of New York

Carlino v. Downs

242 A.D. 631

Procedural entryThis page is a short order in Carlino v. Downs. Read the opinion of the Court — 244 A.D. 801 →

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1934·Published

Opinion

Motion for a prohibition order against the county judge of Queens county in Matter of Carlina v. Downs, denied, without costs. This court in the first instance has no power to grant an alternative prohibition order against a judge of an inferior court. (Civ. Prac. Act, §§ 1343 and 1344.) In our opinion, the commitment already made and any resettled or amended commitment may be reviewed by certiorari. Present — Lazansky, P. J., Young, Kapper, Tompkins and Davis, JJ.

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Motion for a prohibition order against the county judge of Queens county in Matter of Carlina v. Downs, denied, without costs. This court in the first instance has no power to grant an alternative prohibition order against a judge of an inferior court. (Civ. Prac. Act, §§ 1343 and 1344.) In our opinion, the commitment already made and any resettled or amended commitment may be reviewed by certiorari. Present — Lazansky, P. J., Young, Kapper, Tompkins and Davis, JJ.

Carlino v. Downs, 242 A.D. 631 (N.Y. Ct. App. 1934).

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