MATTER OF DAVISON v. HOUSTON


172 A.D.2d 1070 (1991)

In the Matter of John Davison et al., Petitioners, v. J. Robert Houston, as Judge of The County Court of Livingston County, et al., Respondents

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

April 26, 1991


Petition unanimously dismissed without costs.

Memorandum:

We dismiss the petition in this original CPLR article 78 proceeding commenced by petitioners to prohibit their prosecution on a multicount indictment which charges them with violations of the Environmental Conservation Law. The extraordinary remedy of prohibition lies only where petitioners have established a clear legal right to relief and where the action taken or threatened is clearly without jurisdiction...

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