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MATTER OF MINOTT v. LEAVITT

247 A.D.2d 390 (1998)

667 N.Y.S.2d 918

In the Matter of Hopeton Minott, Petitioner, v. Peter M. Leavitt, as Judge of The County Court of Westchester County, et al., Respondents

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

February 2, 1998

Ordered that the cross motion is granted; and it is further,

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

The extraordinary remedy of prohibition does not lie if an adequate remedy at law, by way of appeal or otherwise, is available (see, Matter of Molea v Marasco, 64 N.Y.2d 718). It cannot be used as a means of seeking collateral review...

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