¶1Proceeding,pursuant to CPLR article 78, in the 'nature of prohibition, seeking to vacate an order of the Supreme Court staying execution of a judgment of conviction. Petition granted, without costs. The stay is not authorized by the statute (CPL 460.50, subd. 1; CPL 530.50) and therefore the court exceeded its powers in granting it (see. Matter of Lee v. County Ct. of Erie County, 27 N Y 2d 432, 437, cert, den. 404 U. S. 823). Herlihy, P. J., Staley, Jr., Cooke, Sweeney and Kane, JJ., concur.
44 A.D.2d 622
Smith v. Conway
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 1974
Appellate Division of the Supreme Court of the State of New York · decided 1974-03-15
Relies on National Labor Relations Board v. Burns International Security Services, Inc.
Decided 1974-03-15