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MATTER OF HERSKOWITZ v. TOMPKINS

184 A.D.2d 402 (1992)

In the Matter of Judith Herskowitz, Individually and as Guardian of Alex Fried, et al., Petitioners, v. Harold J. Tompkins, as Justice of the Supreme Court of The State of New York, New York County, et al., Respondents

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

June 23, 1992

As a general rule, prohibition does not lie where the issues or grievances can be remedied by way of appeal (Matter of Wilcox v Dwyer, 48 N.Y.2d 1003). In this case, the jurisdictional issue should have been addressed by way of an appeal from the October 16, 1991 order directing petitioners to answer the complaint in the underlying Charney action. While there is an exception to...

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