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Matter of Devincenzo v. Morgenthau

Appellate Division of the Supreme Court of New York, First Department
May 22, 1990
161 A.D.2d 476 (N.Y. App. Div. 1990)

Opinion

May 22, 1990


Petitioner has failed to establish that respondents are acting without the scope of their jurisdiction or authorized powers, and petitioner's claims, including alleged violations of section 73 Civ. Rights of the Civil Rights Law, can be reviewed and redressed through the ordinary channels of appeal. Accordingly, the extraordinary remedy of prohibition pursuant to CPLR article 78 does not lie. (Matter of Rush v. Mordue, 68 N.Y.2d 348, 352-354.)

Concur — Sullivan, J.P., Ross, Kassal, Ellerin and Wallach, JJ.


Summaries of

Matter of Devincenzo v. Morgenthau

Appellate Division of the Supreme Court of New York, First Department
May 22, 1990
161 A.D.2d 476 (N.Y. App. Div. 1990)
Case details for

Matter of Devincenzo v. Morgenthau

Case Details

Full title:In the Matter of JOSEPH DEVINCENZO, Petitioner, v. ROBERT M. MORGENTHAU…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 22, 1990

Citations

161 A.D.2d 476 (N.Y. App. Div. 1990)

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