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MATTER OF KENLER v. MURTAGH

12 A.D.2d 662 (1960)

In the Matter of Joe Kenler, Respondent, v. John M. Murtagh, as Chief City Magistrate of The City of New York, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 27, 1960

Order reversed, on the law, with costs, and petition dismissed. No findings or questions of fact have been considered.

Prohibition is not available to a petitioner whose rights can be adequately protected on appeal (Matter of Brandenburg v. Court of General Sessions, 189 Misc. 4, affd. 272 App. Div. 1013; Matter of Harris Motors v. Klapp, 296 N.Y. 242). The issue of the Magistrates' Courts' jurisdiction over...

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