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MATTER OF GOLD v. GARTENSTEIN

54 N.Y.2d 627 (1981)

In the Matter of Eugene Gold, as District Attorney of Kings County, Respondent, v. Stanley Gartenstein, as Judge of the Criminal Court, Respondent, and Darry P., Appellant.

Court of Appeals of the State of New York.

Decided June 18, 1981.

Attorney(s) appearing for the Case

Bennett M. Lincoff and Caesar D. Cirigliano for appellant.

Eugene Gold, District Attorney (Lois M. Raff of counsel), respondent pro se.

Robert Abrams, Attorney-General (Leslie B. Neustadt and Shirley Adelson Siegel of counsel), in his statutory capacity pursuant to section 71 of the Executive Law.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the petition dismissed. It was error for Supreme Court to have entertained the application for article 78 relief in the nature of prohibition since that extra-ordinary remedy may ordinarily be employed only when a court acts or threatens to act "without jurisdiction in a matter over which it has no power over the subject matter or where...

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