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COASTAL OIL N. Y. v. NEWTON

231 A.D.2d 55 (1997)

660 N.Y.S.2d 428

In the Matter of Coastal Oil New York, Inc., et al., Petitioners, v. Honorable Juanita B. Newton et al., Respondents. Association of the Bar of the City of New York et al., Amici Curiae

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

July 17, 1997

Attorney(s) appearing for the Case

Lawrence S. Goldman of counsel (Elizabeth M. Johnson and William H. Devaney on the brief; Goldman & Hafetz, attorneys), for Coastal Oil New York, Inc., petitioner.

Gerald M. Labush for Joseph Colonel, petitioner.

Gerald B. Lefcourt, P. C., of counsel (Gary G. Becker on the brief, attorneys), for Samad Farooki, petitioner.

Michael Kennedy of counsel (Dennis C. Vacco, Attorney-General, attorney), for Honorable Juanita B. Newton and others, respondents.

Daniel J. Horwitz of counsel (Robert M. Morgenthau, New York County District Attorney, attorney), respondent pro se.

Lawrence S. Feld and Philip R. Edelbaum for Association of the Bar of City of New York, amicus curiae.

Thomas M. O'Brien for Legal Aid Society, Criminal Defense Division, amicus curiae.

Scott H. Greenfield for New York State Association of Criminal Defense Lawyers, amicus curiae.

SULLIVAN, J. P., NARDELLI, TOM and COLABELLA, JJ., concur.

Per Curiam.

At issue in this CPLR article 78 proceeding is the alleged assignment of a criminal case to a Trial Judge in violation of the Uniform Rules for Trial Courts (22 NYCRR 200.11) and the Plan to Implement an Individual Assignment System for Supreme Court, First Judicial District, Criminal Branch, effective January 6, 1986. Whether viewed as one seeking prohibition or mandamus, the claim is not cognizable under CPLR...

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