McGibboney v. Greenberg — 297 A.D.2d 816

Majority

p. 816

In the Matter of Lutha McGibboney, Petitioner, v Sheldon Greenberg, as Justice of the Supreme Court of the State of New York, et al., Respondents.

[748 NYS2d 869]

“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; see Matter of Rush v Mordue, 68 NY2d 348 , 352). The petitioner has failed to demonstrate a clear legal right to the relief sought. Altman, J.P., Plorio, Smith and Rivera, JJ., concur.

Cases cited

Holtzman v. Goldman 71 NY2d 564 N.Y. 1988-04-26 at 569 p. 816
Rush v. Mordue 68 NY2d 348 N.Y. 1986-11-18 at 352 p. 816