In re Limtung — 127 A.D.3d 973

Majority

p. 973

In the Matter of Hin Y. Limtung, Petitioner, Kevin J. Kerrigan, Respondent.

[4 NYS3d 919]

Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit Kevin J. Kerrigan, a Justice of the Supreme Court,

p. 974

Queens County, from holding a hearing on the issue of sanctions in an action entitled Wells Fargo Bank, N.A. v Limtung, pending in the Supreme Court, Queens County, under index No. 19442/07.

Adjudged that the petition is denied and the proceeding is dismissed on the merits, without costs or disbursements.

“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 establish a clear legal right to relief in the nature of prohibition.

Rivera, J.R, Sgroi, Cohen and Duffy, JJ., concur.

Cases cited

Holtzman v. Goldman 71 NY2d 564 N.Y. 1988-04-26 at 569 p. 974
Rush v. Mordue 68 NY2d 348 N.Y. 1986-11-18 at 352 p. 974