General
In the Matter of the Application of Lorenzo C. Carlino for a Prohibition Order against Thomas Downs, Judge of the County Court of the County of Queens
242 A.D. 631·New York Supreme Court, Appellate Division·1934·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
In the Matter of the Application of Lorenzo C. Carlino for a Prohibition Order against Thomas Downs, Judge of the County Court of the County of Queens.—
[MAJORITY]
Motion for a prohibition order against the county judge of Queens county in Matter of Carlina v. Downs, denied, without costs. This court in the first instance has no power to grant an alternative prohibition order against a judge of an inferior court. (Civ. Prac. Act, §§ 1343 and 1344.) In our opinion, the commitment already made and any resettled or amended commitment may be reviewed by certiorari. Present — Lazansky, P. J., Young, Kapper, Tompkins and Davis, JJ.