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In re Gold

425 N.E.2d 892, 54 N.Y.2d 627, 442 N.Y.S.2d 504, 1981 N.Y. LEXIS 2595
CourtNew York Court of Appeals
DecidedJune 18, 1981
StatusPublished
Cited by15 cases

This text of 425 N.E.2d 892 (In re Gold) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Gold, 425 N.E.2d 892, 54 N.Y.2d 627, 442 N.Y.S.2d 504, 1981 N.Y. LEXIS 2595 (N.Y. 1981).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs, and the petition dismissed. It was error for Supreme Court to have entertained the application for article 78 relief in the nature of prohibition since that extraordinary remedy may ordinarily be employed only when a court acts or threatens to act “without jurisdiction in a matter over which it has no power over the subject matter or where it exceeds its authorized powers in a proceeding over which it has jurisdiction” (Matter of State of New York v King, 36 NY2d 59, 62). Our determination today should not be read as an approval of respondent’s conclusion that CPL 340.40 (subd 7) is unconstitutional, for we merely hold that the extraordinary writ of prohibition is an inappropriate means to address the claimed error in the ruling at Criminal Court in this instance.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fughsberg and Meyer concur in memorandum.

Order reversed, etc.

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Bluebook (online)
425 N.E.2d 892, 54 N.Y.2d 627, 442 N.Y.S.2d 504, 1981 N.Y. LEXIS 2595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gold-ny-1981.