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FITZPATRICK v. ROSENTHAL

29 A.D.3d 24 (2006)

809 N.Y.S.2d 729

WILLIAM J. FITZPATRICK, as District Attorney of Onondaga County, Respondent, v. KATE ROSENTHAL, as Syracuse City Court Judge, Appellant, et al., Defendant.

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

February 3, 2006.

Attorney(s) appearing for the Case

J. Scott Porter, Seneca Falls, for appellant. William J. Fitzpatrick, District Attorney, Syracuse (Victoria M. White of counsel), respondent pro se.

SCUDDER, KEHOE, GORSKI and GREEN, JJ., concur.

OPINION OF THE COURT

HURLBUTT, J.P.

Plaintiff, the District Attorney of Onondaga County (District Attorney), commenced this combined CPLR article 78 proceeding and declaratory judgment action seeking a writ of prohibition and declaratory relief. For the reasons set forth infra, we agree with Supreme Court that this is properly a declaratory judgment action inasmuch as a writ of prohibition does not...

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