New York Court of Appeals
In the Matter of the State of New York, Respondent v. Gilbert H. King, as a Justice of the Supreme Court of the…
January 17, 197536 N.Y.2d 59
Summary
The New York Court of Appeals reversed the Appellate Division and dismissed the petition, holding that prohibition or mandamus under CPLR article 78 cannot be used to review an alleged error of law in a pending criminal action because such extraordinary writs are unavailable where appeal is the exclusive statutory remedy.