Matter of Greater New York Corp. of Seventh Day Adventists v. Comm'n on Human Rights of the City of New York

New York Court of Appeals

Matter of Greater New York Corp. of Seventh Day Adventists v. Comm'n on Human Rights of the City of New York

265 N.E.2d 777, 27 N.Y.2d 898, 317 N.Y.S.2d 368, 1970 N.Y. LEXIS 971

DecidedNovember 25, 1970

StatusPublished

This text of 265 N.E.2d 777 (Matter of Greater New York Corp. of Seventh Day Adventists v. Comm'n on Human Rights of the City of New York) 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.

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Matter of Greater New York Corp. of Seventh Day Adventists v. Comm'n on Human Rights of the City of New York, 265 N.E.2d 777, 27 N.Y.2d 898, 317 N.Y.S.2d 368, 1970 N.Y. LEXIS 971 (N.Y. 1970).

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Opinion

Order affirmed, without costs, in the following memorandum: An article 78 proceeding in the nature of prohibition does not lie in a case such as this. Prohibition is an extraordinary remedy *899 to be invoked only to restrain the exercise of an unauthorized jurisdiction and is not available to prevent possible error which may be corrected on appeal. (See People ex rel. Livingston v. Wyatt, 186 N. Y. 383, 394; Matter of Blake v. Hogan, 25 N Y 2d 747, 748; Matter of Hogan v. Court of Gen. Sessions, 296 N. Y. 1, 8-9; Matter of Culver Contr. Corp. v. Humphrey, 268 N. Y. 26, 39; Matter of Schuyler v. State Univ. of N. Y. at Albany, 31 AD 2d 273, 274.)

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.

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Order affirmed, without costs, in the following memorandum: An article 78 proceeding in the nature of prohibition does not lie in a case such as this. Prohibition is an extraordinary remedy *899 to be invoked only to restrain the exercise of an unauthorized jurisdiction and is not available to prevent possible error which may be corrected on appeal. (See People ex rel. Livingston v. Wyatt, 186 N. Y. 383, 394; Matter of Blake v. Hogan, 25 N Y 2d 747, 748; Matter of Hogan v. Court of Gen. Sessions, 296 N. Y. 1, 8-9; Matter of Culver Contr. Corp. v. Humphrey, 268 N. Y. 26, 39; Matter of Schuyler v. State Univ. of N. Y. at Albany, 31 AD 2d 273, 274.)

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.

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265 N.E.2d 777, 27 N.Y.2d 898, 317 N.Y.S.2d 368, 1970 N.Y. LEXIS 971, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-greater-new-york-corp-of-seventh-day-adventists-v-commn-on-ny-1970.

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