2006 New York Code - Nature Of Proceeding.



 
    §  7801.  Nature of proceeding. Relief previously obtained by writs of
  certiorari to review, mandamus or prohibition shall  be  obtained  in  a
  proceeding under this article. Wherever in any statute reference is made
  to  a  writ  or  order  of  certiorari,  mandamus  or  prohibition, such
  reference shall, so far  as  applicable,  be  deemed  to  refer  to  the
  proceeding  authorized  by this article. Except where otherwise provided
  by law, a proceeding under this article shall not be used to challenge a
  determination:
    1. which is not final or can be adequately reviewed  by  appeal  to  a
  court  or  to  some  other  body or officer or where the body or officer
  making the determination is expressly authorized by  statute  to  rehear
  the matter upon the petitioner's application unless the determination to
  be  reviewed  was made upon a rehearing, or a rehearing has been denied,
  or the time within which the petitioner  can  procure  a  rehearing  has
  elapsed; or
    2. which was made in a civil action or criminal matter unless it is an
  order  summarily  punishing  a contempt committed in the presence of the
  court.

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