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MATTER OF DeVINCENZO v. MORGENTHAU

161 A.D.2d 476 (1990)

In the Matter of Joseph Devincenzo, Petitioner, v. Robert M. Morgenthau, as District Attorney of The County of New York, et al., Respondents

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

May 22, 1990

Petitioner has failed to establish that respondents are acting without the scope of their jurisdiction or authorized powers, and petitioner's claims, including alleged violations of section 73 of the Civil Rights Law, can be reviewed and redressed through the ordinary channels of appeal. Accordingly, the extraordinary remedy of prohibition pursuant to CPLR article 78 does not lie. (Matter of Rush v Mordue,

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