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In the Matter of TAMAR ROSS, Respondent, v. WILLIAM GIACCIO, as Justice of the Supreme Court, Queens County, et al., Appellants, and HOWARD ROSS, Inter

On summary consideration, order reversed, with costs, and the petition dismissed. The extraordinary remedy of prohibition is not available under the circumstances of this case where there has been no act in excess of jurisdiction but only an alleged error which can be adequately reviewed on a direct appeal.

Concur: Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Chief Judge COOKE.

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MATTER OF ROSS v. GIACCIO
(Sep 22, 1981)