MATTER OF MORGENTHAU v. ALTMAN


58 N.Y.2d 1057 (1983)

In the Matter of Robert M. Morgenthau, as District Attorney of the County of New York, Appellant, v. Benjamin Altman, a Justice of the Supreme Court, New York County, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 29, 1983.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (William J. Comiskey and Robert M. Pitler of counsel), for appellant pro se.

Ivar Goldart, Caesar D. Cirigliano, Janice Taylor and Michael Alperstein for Vincent Futia, respondent.

Robert Abrams, Attorney-General (Jeffrey I. Slonim and Peter H. Schiff of counsel), for BENJAMIN ALTMAN, a Justice of the Supreme Court, respondent.

Chief Judge COOKE and Judges JONES, WACHTLER, FUCHSBERG and MEYER concur; Judge SIMONS dissents and votes to reverse in an opinion in which Judge JASEN concurs.


MEMORANDUM.

The judgment of the Appellate Division should be affirmed, without costs.

Prohibition is an extraordinary remedy. Though available to prevent a court from exceeding its authorized powers, the excess must be one which goes to "the very authority or power and, thus, jurisdiction of the officer, not to a mere mistake or `an error in procedure or substantive law'" (Matter of Dondi v Jones, ...

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