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MATTER OF GIORDANO v. MACKSTON

240 A.D.2d 578 (1997)

659 N.Y.S.2d 75

In the Matter of John Giordano, Petitioner, v. Jack Mackston et al., Respondents

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

June 16, 1997

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

The extraordinary remedy of prohibition does not lie if there is available an adequate remedy at law, by way of appeal or otherwise (see, Matter of Molea v Marasco, 64 N.Y.2d 718), and thus, cannot be used as a means of seeking collateral review of an error of law claimed to have occurred in a criminal proceeding ...

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