MATTER OF BURTON v. HART


306 A.D.2d 276 (2003)

760 N.Y.S.2d 349

In the Matter of ELAINE BURTON, Petitioner, v. DUANE A. HART, as Justice of the Supreme Court of the State of New York, Respondent. LAQUINTA HOLLEY et al., Nonparties.

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

Decided June 2, 2003.


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

The extraordinary remedy of prohibition does not lie where, as here, the final order sought to be reviewed is issued pursuant to Judiciary Law § 753 (A) (5) and § 756, in contrast to Judiciary Law § 755. Although the final order is phrased in terms of a summary adjudication, in actuality, it held the petitioner in civil contempt for her failure to comply...

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