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MATTER OF BONEZ v. SHEA

115 A.D.2d 101 (1985)

In the Matter of William F. Bonez, Petitioner, v. Edmund L. Shea, as Supreme Court Justice of The State of New York, et al., Respondents

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

November 4, 1985

Proceeding, pursuant to CPLR article 78, for judgment in the nature of prohibition and mandamus, dismissed, without costs. Petitioner's service of the notice of petition and petition by mail upon respondents was insufficient to confer jurisdiction over them (CPLR 403 [c]). In addition, CPLR 7804 (c) requires that the notice of petition must also be served upon the Attorney-General. It is also noted that the extraordinary remedy of prohibition does not lie if there is available...

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