Home/New York Court of Appeals/MATTER OF MULVANEY v. Dubin

MATTER OF MULVANEY v. Dubin

431 N.E.2d 292, 55 N.Y.2d 668, 446 N.Y.S.2d 931, 1981 N.Y. LEXIS 3244
New York Court of Appeals·Decided November 23, 1981·Published·Cited by 23 cases

Opinion

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be reversed, without costs, and the petition dismissed.

*669 The Appellate Division should have dismissed the petition for article 78 relief, in the nature of prohibition, to prevent Supreme Court from requiring defendant to give the prosecution a written report of his examination by a court-appointed psychiatrist. The extraordinary remedy of prohibition lies only where 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; Matter of Gold v Gartenstein, 54 NY2d 627, 629). It is not available, however, as a means of seeking collateral review of an error of law in a pending criminal action (Matter of State of New York v King, supra, p 62). The petition here alleges no more than such an error and, therefore, the remedy sought does not lie. The petition should have been dismissed. In light of this disposition, there is no occasion to reach the merits of defendant’s claim.

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

Judgment reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

MATTER OF MULVANEY v. Dubin, 431 N.E.2d 292, 55 N.Y.2d 668, 446 N.Y.S.2d 931, 1981 N.Y. LEXIS 3244 (N.Y. 1981).

431 N.E.2d 292 (MATTER OF MULVANEY v. Dubin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Matter of Lisa W. v. Seine W.
2005 NY Slip Op 51782(U) (Kings Family Court, 2005)
Johnson v. Torres
259 A.D.2d 370 (Appellate Division of the Supreme Court of New York, 1999)
Pryor v. Greenberg
247 A.D.2d 711 (Appellate Division of the Supreme Court of New York, 1998)
In re Minott
247 A.D.2d 390 (Appellate Division of the Supreme Court of New York, 1998)
People v. Torres
174 Misc. 2d 557 (New York Supreme Court, 1997)
People v. Purdon
175 Misc. 2d 775 (New York County Courts, 1997)
Giordano v. Mackston
240 A.D.2d 578 (Appellate Division of the Supreme Court of New York, 1997)
People v. Berger
234 A.D.2d 980 (Appellate Division of the Supreme Court of New York, 1996)
People v. Glover
221 A.D.2d 1001 (Appellate Division of the Supreme Court of New York, 1995)
People v. Daly
186 A.D.2d 217 (Appellate Division of the Supreme Court of New York, 1992)
Sharpton v. Turner
169 A.D.2d 947 (Appellate Division of the Supreme Court of New York, 1991)
People v. Daly
146 Misc. 2d 901 (New York County Courts, 1990)
People v. Fratt
146 Misc. 2d 77 (New York Supreme Court, 1989)
People v. Hunce
141 Misc. 2d 401 (Criminal Court of the City of New York, 1988)
Greenberg v. Turner
127 A.D.2d 909 (Appellate Division of the Supreme Court of New York, 1987)
Morgenthau v. Gold
117 A.D.2d 386 (Appellate Division of the Supreme Court of New York, 1986)
Santucci v. Rotker
110 A.D.2d 842 (Appellate Division of the Supreme Court of New York, 1985)
O'Neill v. King
108 A.D.2d 772 (Appellate Division of the Supreme Court of New York, 1985)
People v. Busjit
96 A.D.2d 858 (Appellate Division of the Supreme Court of New York, 1983)
People v. Minor
118 Misc. 2d 351 (New York County Courts, 1983)