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MATTER OF ALOMARI v. PIETRUSZKA

298 A.D.2d 949 (2002)

748 N.Y.S.2d 104

In the Matter of ABDUL AZIZ ALOMARI, Petitioner, v. MICHAEL PIETRUSZKA, as Erie County Court Judge, Respondent, and FRANK J. CLARK, as Erie County District Attorney, Intervenor-Respondent.

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

Decided October 1, 2002.

It is hereby ordered that said petition be and the same hereby is unanimously dismissed without costs.

Memorandum:

Petitioner commenced this original proceeding pursuant to CPLR article 78 seeking relief in the nature of prohibition (see CPLR 7803 [2]) and mandamus (see 7803 [3]). Neither of those extraordinary remedies is available to prevent enforcement of the amended order issued by respondent on the appeal by petitioner of his conviction...

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