MATTER OF KAVANAGH v. VOGT


58 N.Y.2d 678 (1982)

In the Matter of Michael Kavanagh, as District Attorney of the County of Ulster, Appellant, v. Francis J. Vogt, as County Judge of Ulster County, Respondent.

Court of Appeals of the State of New York.

Decided November 18, 1982.


Attorney(s) appearing for the Case

Michael Kavanagh, District Attorney (Marsha Solomon of counsel), appellant pro se.

Robert Abrams, Attorney-General (Peter J. Dooley of counsel), for respondent.

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


MEMORANDUM.

The judgment of the Appellate Division should be affirmed. The Appellate Division properly determined that the extraordinary remedy of prohibition does not lie unless a court acts in excess of its jurisdiction or its authorized powers (La Rocca v Lane, 37 N.Y.2d 575, cert den 424 U.S. 968). The County Court did not exceed its jurisdiction or its authorized powers in...

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