MATTER OF MILLER v. FOLEY

2016-09496.

145 A.D.3d 1011 (2016)

2016 NY Slip Op 08866

46 N.Y.S.3d 620

In the Matter of CEDERIC MILLER, Petitioner, v. ELIZABETH A. FOLEY, an Acting Justice of the Supreme Court, Kings County, et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 28, 2016.


Adjudged that the petition is denied and the proceeding is dismissed on the merits, without costs or disbursements.

The petitioner failed to establish that the respondent Elizabeth A. Foley lacked jurisdiction or acted in excess of her authorized powers. Inasmuch as the petitioner has adequate legal remedies in the pending criminal action in the form of motions or appellate review, prohibition does not lie to review a discovery order which directed him to provide...

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