Spinks v. Ryan

Appellate Division of the Supreme Court of New York

Spinks v. Ryan

200 A.D.2d 848, 608 N.Y.S.2d 879, 1994 N.Y. App. Div. LEXIS 236

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

DecidedJanuary 13, 1994

StatusPublished

This text of 200 A.D.2d 848 (Spinks v. Ryan) 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

Spinks v. Ryan, 200 A.D.2d 848, 608 N.Y.S.2d 879, 1994 N.Y. App. Div. LEXIS 236 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from a judgment of the Supreme Court (Ryan, Jr., J.), entered January 5, 1993 in Clinton County, which, in a proceeding pursuant to CPLR article 78, dismissed petitioner’s application for a writ of prohibition.

In our view, Supreme Court acted well within its discretion in denying petitioner’s request for a writ of prohibition. It is well settled that the extraordinary writ of prohibition does not lie where there is no clear legal right to the relief requested and where petitioner has an adequate alternative remedy at law to review the alleged error.

Cardona, P. J., Mikoll, Crew III, White and Weiss, JJ., concur. Ordered that the judgment is affirmed, without costs.

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—Appeal from a judgment of the Supreme Court (Ryan, Jr., J.), entered January 5, 1993 in Clinton County, which, in a proceeding pursuant to CPLR article 78, dismissed petitioner’s application for a writ of prohibition.

In our view, Supreme Court acted well within its discretion in denying petitioner’s request for a writ of prohibition. It is well settled that the extraordinary writ of prohibition does not lie where there is no clear legal right to the relief requested and where petitioner has an adequate alternative remedy at law to review the alleged error.

Cardona, P. J., Mikoll, Crew III, White and Weiss, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

200 A.D.2d 848, 608 N.Y.S.2d 879, 1994 N.Y. App. Div. LEXIS 236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spinks-v-ryan-nyappdiv-1994.