[DOWNLOAD] "Matter Adam C. Powell v. Supreme Court State New York Et Al." by Supreme Court of New York " eBook PDF Kindle ePub Free

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eBook details

• Title: Matter Adam C. Powell v. Supreme Court State New York Et Al.
• Author : Supreme Court of New York
• Release Date : January 27, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

Petition, dated September 17, 1966, in a proceeding under article 78 of CPLR in the nature of prohibition, initiated by order to show cause, dated September 19, 1966, to enjoin the Supreme Court from proceeding in criminal contempt against petitioner under the Judiciary Law (§ 750 et seq.) and for related relief, unanimously dismissed, on the law and in the exercise of discretion, with $50 costs and disbursements to the respondent Supreme Court. The principal issue raised and the only one meriting comment is that respondent court is erroneously engaged in treating as a criminal contempt a contention that petitioner willfully disobeyed an attorney-issued subpoena in supplementary proceedings to enforce collection of a money judgment (cf. Judiciary Law, § 750, subds. 3, 5, with § 753, subd. 5; see CPLR 2308, 5251). Petitioner contends that such erroneous engagement constitutes an exercise of power in excess of jurisdiction remediable in prohibition and for which there is no adequate remedy by appeal or review. Prohibition is an extraordinary discretionary remedy available only where, in cases of this class, the respondent court is acting outside its jurisdiction

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