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TOLLIVER v. JUDGES, FAMILY CT.

59 Misc.2d 104 (1969)

Cecil Tolliver, an Infant, by Mildred Tolliver, His Mother, Petitioner, v. Judges of the Family Court of the State of New York, County of Bronx, Respondents.

Supreme Court, Special Term, Bronx County.

March 7, 1969

Attorney(s) appearing for the Case

Wm. C. Logan for petitioner. Louis J. Lefkowitz, Attorney-General (Mortimer Sattler of counsel), for respondent.

VINCENT A. LUPIANO, J.

The petitioners, pursuant to article 78 CPLR, seek relief in the nature of prohibition restraining the respondent court (Family Court) from conducting further proceedings against the petitioning infant, upon a claim that former jeopardy is a bar to a subsequent hearing. Relief pursuant to article 78 CPLR is an appropriate remedy upon such claim (Matter of Kraemer v. County Court, 6 N.Y.2d 363<...

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