MATTER OF ROMANCHUK v. COUNTY OF WESTCHESTER


34 N.Y.2d 906 (1974)

In the Matter of Joseph Romanchuk, Respondent, v. County of Westchester et al., Appellants.

Court of Appeals of the State of New York.

Decided June 27, 1974.


Attorney(s) appearing for the Case

Harry Lott, County Attorney (Richard J. O'Keeffe, Anthony J. Caputo and Joseph J. Buderwitz, Jr. of counsel), for appellants.

Attilio J. Balletta for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and STEVENS. Taking no part: Judge RABIN.


Order affirmed, without costs, in the following memorandum: Mandamus, rarely, if ever, lies where relief is or has been available by way of motion or appeal in an action (CPLR 7801, subd. 1; 23 Carmody-Wait, 2d, New York Practice, § 145:99). Nevertheless, in the discretion of the Supreme Court, the remedy may be invoked if in fact no relief is currently available, official records are involved, and the interests of justice are substantially served (cf. Matter of Ihrig...

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