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MATTER OF MORGENTHAU v. ROBERTS

65 N.Y.2d 749 (1985)

In the Matter of Robert M. Morgenthau, as District Attorney of New York County, Respondent, v. George Roberts, a Justice of the Supreme Court, New York County, et al., Respondents, and Reggie Jones, Also Known as Reggie Moore, Appellant.

Court of Appeals of the State of New York.

Decided June 11, 1985.

Attorney(s) appearing for the Case

Steven G. Asin and Caesar D. Cirigliano for appellant.

Robert M. Morgenthau, District Attorney (Mark Dwyer of counsel), respondent pro se.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.

MEMORANDUM.

The judgment of the Appellate Division should be reversed, the proceeding converted to an action for declaratory judgment and judgment granted declaring that Supreme Court had no authority to dismiss the felony complaint.

Whether the proceeding be considered as one for prohibition or for mandamus, it does not lie when there is available another adequate remedy (Matter of State of New York v King

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