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

New York Court of Appeals·Decided November 25, 1970·Published

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.

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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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) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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