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MATTER OF JOHNSON v. HUNTER

239 A.D.2d 127 (1997)

657 N.Y.S.2d 38

In the Matter of Robert T. Johnson, Petitioner, v. Alexander W. Hunter, Jr., as Justice of Supreme Court of Bronx County, et al., Respondents

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

May 5, 1997

This petition must be dismissed, since neither type of relief sought, prohibition or declaratory judgment, is appropriate here (see, Matter of State of New York v King, 36 N.Y.2d 59, 62 [prohibition unavailable to "review an error of law in a pending criminal action, however egregious and however unreviewable"]; Matter of Jacobs v Altman, 69 N.Y.2d 733, 735 [same]; La Rocca v Lane...

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