¶1Application for a writ of prohibition unanimously denied, the petition dismissed, and the order of Justice Stadtmauer confirmed, without costs and without disbursements. While we disagree with Trial Term’s ruling, neither prohibition nor declaratory judgment lie. (Matter of State of New York v King, 36 NY2d 59; Matter of Morgenthau v Erlbaum, 59 NY2d 143.) No opinion. Concur— Murphy, P. J., Sandler, Asch, Milonas and Rosenberger, JJ.
127 A.D.2d 458
Merola v. Stadtmauer
Appellate Division of the Supreme Court of the State of New York
Decided February 4, 1987
Appellate Division of the Supreme Court of the State of New York · decided 1987-02-04
Decided 1987-02-04