MATTER OF FAUX v. DiFLORIO


115 A.D.2d 965 (1985)

In the Matter of Timothy P. Faux, Petitioner, v. Aldo L. DiFlorio, as Niagara County Judge, et al., Respondents

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

December 20, 1985


Application unanimously denied and petition dismissed, without costs.

Memorandum:

In this CPLR article 78 proceeding petitioner seeks a writ to prohibit his prosecution on counts 1 through 8, 10, and 12 through 17 of indictment No. 7940, now pending in Niagara County Court. A writ of prohibition may be obtained only when a clear legal right of petitioner is threatened by a body or officer acting in a judicial or quasi-judicial capacity "`"without jurisdiction...

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