Silvestro v. Vogt

Appellate Division of the Supreme Court of New York

Silvestro v. Vogt

90 A.D.2d 900, 455 N.Y.S.2d 684, 1982 N.Y. App. Div. LEXIS 19171

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

DecidedNovember 17, 1982

StatusPublished

Cited by1 cases

This text of 90 A.D.2d 900 (Silvestro v. Vogt) 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

Silvestro v. Vogt, 90 A.D.2d 900, 455 N.Y.S.2d 684, 1982 N.Y. App. Div. LEXIS 19171 (N.Y. Ct. App. 1982).

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Opinion

Application, pursuant to CPLR article 7 8, for judgment in the nature of prohibition, denied, and petition dated November 1, 1982 dismissed. The extraordinary remedy of prohibition does not lie if there is available an adequate remedy at law (Matter of State of New York v King, 36 NY2d 59, 62). Even assuming that there has been an excess of jurisdiction, petitioner may raise such issue by way of motion to County Court to dismiss the indictment or by pursuit of the article 78 proceeding pending in Supreme Court, Ulster County. In light of this decision, the motion for a stay is denied as academic. Mahoney, P. J., Sweeney, Kane, Casey and Levine, JJ., concur.

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Application, pursuant to CPLR article 7 8, for judgment in the nature of prohibition, denied, and petition dated November 1, 1982 dismissed. The extraordinary remedy of prohibition does not lie if there is available an adequate remedy at law (Matter of State of New York v King, 36 NY2d 59, 62). Even assuming that there has been an excess of jurisdiction, petitioner may raise such issue by way of motion to County Court to dismiss the indictment or by pursuit of the article 78 proceeding pending in Supreme Court, Ulster County. In light of this decision, the motion for a stay is denied as academic. Mahoney, P. J., Sweeney, Kane, Casey and Levine, JJ., concur.

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Bluebook (online)

90 A.D.2d 900, 455 N.Y.S.2d 684, 1982 N.Y. App. Div. LEXIS 19171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silvestro-v-vogt-nyappdiv-1982.

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