In the Matter of Victor Rivera v. Vincent N. Trimarco, as Assistant Administrative Judge of the Civil Court of the…

Summary

The New York Court of Appeals reversed the Appellate Division orders that had granted class relief and dismissed the petitions seeking manual stenographic records, holding that article 78 extraordinary relief is unavailable where appellate review under section 1702 of the City Civil Court Act is available. The Court also held that the statutory bar to article 78 does not apply when the denial is ministerial. Justice Wachtler dissented, arguing that the petitions were properly brought under article 78 and should be affirmed.