New York Court of Appeals

In the Matter of B. T. Productions, Inc., Doing Business as Town & Country Dinner Theatre, Respondents, v…

April 6, 197844 N.Y.2d 226

Summary

The Court affirmed the Appellate Division's grant of a writ of prohibition, holding that the New York State Organized Crime Task Force lacked statutory authority to obtain a search warrant and that the issuing judge exceeded jurisdiction; the Court also affirmed that the article 78 proceeding was properly commenced in the Appellate Division. Justice Jasen dissented, arguing that the Task Force prosecutors are not quasi‑judicial officers and that replevin, not prohibition, is the appropriate remedy.