MATTER OF TYLER v. FORMA


231 A.D.2d 891 (1996)

647 N.Y.S.2d 314

In the Matter of Keith Tyler, Petitioner, v. Joseph S. Forma, as Justice of Supreme Court of Erie County, Respondent

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

September 27, 1996


Petition unanimously dismissed without costs.

Memorandum:

Petitioner appealed from an order of Supreme Court that denied his application for a writ of habeas corpus. Rather than perfecting that appeal, petitioner commenced this original CPLR article 78 proceeding in the nature of prohibition, seeking to prohibit respondent from "accepting and considering any and all affidavits or affirmations and return in opposition to petitioner's motion for an order of...

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