MATTER OF LUBCHUK v. COUNTY COURT, QUEENS COUNTY


15 A.D.2d 929 (1962)

In the Matter of Dennis P. Lubchuk, Petitioner, v. County Court, Queens County, Respondent

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

March 12, 1962


Cross motion granted and petition dismissed, without costs.

Under the facts and circumstances alleged in the petition, the extraordinary remedy of prohibition restraining a court from proceeding in a pending action may not be granted. It appears that the court has jurisdiction to proceed. If petitioner should be aggrieved by the judgment or sentence of the court, his proper recourse is to take an appeal from...

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