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MATTER OF PRYOR v. GARRY

29 A.D.2d 617 (1967)

In the Matter of James Pryor, Petitioner, v. John T. Garry, as District Attorney of Albany County, et al., Respondents

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

December 29, 1967

An article 78 proceeding does not lie to compel a judicial decision to be made in a particular way (Matter of Ricapito v. People, 20 A.D.2d 567). Prohibition could be granted only if the County Court were totally lacking in jurisdiction or petitioner were without adequate remedy. Neither situation exists here (People ex rel. Hirschberg v. Close, 1 N.Y.2d 258

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