McMahon v. Fay

Appellate Division of the Supreme Court of New York

McMahon v. Fay

285 A.D. 952, 138 N.Y.S.2d 187, 1955 N.Y. App. Div. LEXIS 6281

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 7, 1955

StatusPublished

This text of 285 A.D. 952 (McMahon v. Fay) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McMahon v. Fay, 285 A.D. 952, 138 N.Y.S.2d 187, 1955 N.Y. App. Div. LEXIS 6281 (N.Y. Ct. App. 1955).

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Opinion

In a proceeding pursuant to article 78 of the Civil Practice Act for an order in the nature of a writ of prohibition, restraining respondents from proceeding with the hearing and determination of certain charges of misdemeanors against appellants, order denying appellants’ application unanimously affirmed, with $50 costs and disbursements. The Court of Special Sessions of the City of Yonkers has jurisdiction to hear and determine all charges against appellants (Code Grim. Pro., § 56, subds. 26-a, 29-a, 32, 37; Charter of the City of Yonkers, art. XIII, §§ 1, 2; L. 1908, ch. 452, as amd.), subject only to the power of removal provided for in sections 57 and 58, and of being divested of jurisdiction as provided in section 59 of the Code of Criminal Procedure. Present — Nolan, P. J., Wenzel, Schmidt, Beldock and Ughetta, JJ.

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In a proceeding pursuant to article 78 of the Civil Practice Act for an order in the nature of a writ of prohibition, restraining respondents from proceeding with the hearing and determination of certain charges of misdemeanors against appellants, order denying appellants’ application unanimously affirmed, with $50 costs and disbursements. The Court of Special Sessions of the City of Yonkers has jurisdiction to hear and determine all charges against appellants (Code Grim. Pro., § 56, subds. 26-a, 29-a, 32, 37; Charter of the City of Yonkers, art. XIII, §§ 1, 2; L. 1908, ch. 452, as amd.), subject only to the power of removal provided for in sections 57 and 58, and of being divested of jurisdiction as provided in section 59 of the Code of Criminal Procedure. Present — Nolan, P. J., Wenzel, Schmidt, Beldock and Ughetta, JJ.

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Bluebook (online)

285 A.D. 952, 138 N.Y.S.2d 187, 1955 N.Y. App. Div. LEXIS 6281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmahon-v-fay-nyappdiv-1955.