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MATTER OF MULVANEY v. DUBIN

55 N.Y.2d 668 (1981)

In the Matter of James E. Mulvaney, Respondent, v. Bernard Dubin, as Justice of the Supreme Court, Queens County, Appellant.

Court of Appeals of the State of New York.

Decided November 23, 1981.

Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Michael J. Connolly of counsel), for appellant.

James E. Mulvaney, respondent pro se, precluded.

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

MEMORANDUM.

The judgment of the Appellate Division should be reversed, without costs, and the petition dismissed.

The Appellate Division should have dismissed the petition for article 78 relief, in the nature of prohibition, to prevent Supreme Court from requiring defendant to give the prosecution a written report of his examination by a court-appointed psychiatrist. The extraordinary remedy of prohibition lies only...

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