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MTR. OF FETSCH v. POLICE CT., SANDS POINT

9 Misc.2d 25 (1957)

In the Matter of Marie L. Fetsch et al., Petitioners, v. Police Justice Court of the Village of Sands Point et al., Respondents.

Supreme Court, Special Term, Nassau County.

November 20, 1957.

Attorney(s) appearing for the Case

Irving Mariash for petitioners.

Frank A. Gulotta, District Attorney (Ward R. Burns of counsel), for respondents.

L. BARRON HILL, J.

This is an application for an order of prohibition against the Police Justice of a small incorporated village to prevent him from proceeding with the trial of a criminal charge against the defendants under a recently enacted antinoise village ordinance.

Prohibition is an extraordinary remedy resting in the sound discretion of the court, not ordinarily available to a litigant, when the...

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