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MATTER OF ROSS v. GIACCIO

54 N.Y.2d 810 (1981)

In the Matter of Tamar Ross, Respondent, v. William Giaccio, as Justice of the Supreme Court, Queens County, et al., Appellants, and Howard Ross, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided September 22, 1981.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Robert S. Hammer of counsel), for appellants.

Joel S. Sankel for intervenor-appellant.

Alexander Potruch for respondent.

Concur: Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Chief Judge COOKE.

On summary consideration, order reversed, with costs, and the petition dismissed. The extraordinary remedy of prohibition is not available under the circumstances of this case where there has been no act in excess of jurisdiction but only an alleged error which can be adequately reviewed on a...

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