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MATTER OF SILVESTRO v. VOGT

90 A.D.2d 900 (1982)

In the Matter of John Silvestro, Petitioner, v. Francis J. Vogt, as Judge of County Court of Ulster County, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 17, 1982

Application, pursuant to CPLR article 78, for judgment in the nature of prohibition, denied, and petition dated November 1, 1982 dismissed. The extraordinary remedy of prohibition does not lie if there is available an adequate remedy at law (Matter of State of New York v King, 36 N.Y.2d 59, 62). Even assuming that there has been an excess of jurisdiction, petitioner may raise such issue by way of motion to County Court to dismiss...

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