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87 A.D.3d 1147

Sneed v. Walsh

Appellate Division of the Supreme Court of the State of New York · decided 2011-09-27

Decided 2011-09-27

¶1“Because of its extraordinary nature, prohibition is available only where there is a clear legal right, and then only when a court — in cases where judicial authority is challenged — acts or threatens to act either without jurisdiction or in excess of its authorized powers” (Matter of Holtzman v Goldman, 71 NY2d 564, 569 [1988]; see Matter of Rush v Mordue, 68 NY2d 348, 352 [1986]). The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only where *1148there exists a clear legal right to the relief sought (see Matter of Legal Aid Socy. of Sullivan County v Scheinman, 53 NY2d 12, 16 [1981]). The petitioner failed to demonstrate a clear legal right to the relief sought.

¶2The petitioner’s remaining contentions are without merit. Mastro, J.E, Skelos, Dickerson and Lott, JJ., concur.

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