¶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 petitioner failed to demonstrate a clear legal right to the relief sought. Skelos, J.E, Balkin, Leventhal and Lott, JJ., concur.
89 A.D.3d 844
Grady v. Greller
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 2011
Appellate Division of the Supreme Court of the State of New York · decided 2011-11-09
Decided 2011-11-09