Best v. Schwartz — 142 A.D.3d 663

Majority

p. 663

In the Matter of Hilary Best, Petitioner, v Barry A. Schwartz et al., Respondents.

[36 NYS3d 826]

— Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondent Barry A. Schwartz, a Justice of the Supreme Court, Queens County, from presiding over a criminal action against the petitioner under Queens County indictment No. 768/14.

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 has failed to demonstrate a clear legal right to the relief sought.

Eng, P.J., Dickerson, Duffy and Connolly, JJ., concur.

Cases cited

Holtzman v. Goldman 71 NY2d 564 N.Y. 1988-04-26 at 569 p. 663
Rush v. Mordue 68 NY2d 348 N.Y. 1986-11-18 at 352 p. 663