¶1Application, pursuant to CPLR article 78, for judgment prohibiting respondent from presiding in a certain nonjury trial now pending in Supreme Court, Fulton County. Application denied, without costs, and petition dismissed. Under the circumstances presented herein, relief in the nature of prohibition is not available (see Matter of Fitzgerald v Wells, 9 AD2d 812, mot for lv to app den 7 NY2d 711). Greenblott, J. P., Staley, Jr., Main, Mikoll and Casey, JJ., concur.
76 A.D.2d 981
Barnoski v. Walsh
Appellate Division of the Supreme Court of the State of New York
Decided June 12, 1980
Appellate Division of the Supreme Court of the State of New York · decided 1980-06-12
Decided 1980-06-12