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PROSKIN v. COUNTY CT. OF ALBANY CO.

30 N.Y.2d 15 (1972)

In the Matter of Arnold W. Proskin, as District Attorney of Albany County, Respondent, v. County Court of Albany County et al., Appellants, and Richard Leto et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided February 10, 1972.

Attorney(s) appearing for the Case

Richard A. Kohn, pro se, and for Leo Demeris and others, intervenors-appellants.

Submitted by County Court and another, appellants.

Arnold W. Proskin, District Attorney (James F. Downs of counsel), for respondent.

Opinion by Judge BREITEL. Concur: Chief Judge FULD and Judges JASEN and STEVENS; Judge STEVENS in a concurring opinion in which Chief Judge FULD and Judges BREITEL and JASEN also concur. Judge SCILEPPI dissents and votes to reverse in an opinion in which Judges BERGAN and GIBSON concur. Judge GIBSON dissents in a separate opinion.

BREITEL, J.

The issue is whether the Albany County Court acted in excess of its authority in granting the defendant in the related criminal action then pending before it an inspection of the Grand Jury minutes, and whether the remedy of prohibition lies to correct such excess.

It is well settled and not disputed on this appeal that prohibition may be used "`to restrain an inferior court from exceeding...

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