Smith v. Conway
353 N.Y.S.2d 75
N.Y. App. Div.1974Check TreatmentProceeding,pursuant to CPLR article 78, in the 'nature of prohibition, seeking to vacate an order of the Supreme Court staying execution of a judgment of conviction. Petition granted, without costs. The stay is not authorized by the statute (CPL 460.50, subd. 1; CPL 530.50) and therefore the court exceeded its powers in granting it (see. Matter of Lee v. County Ct. of Erie County, 27 N Y 2d 432, 437, cert, den. 404 U. S. 823). Herlihy, P. J., Staley, Jr., Cooke, Sweeney and Kane, JJ., concur.
