Majority
p. 849[46 NYS3d 422]
In the Matter of Nassau County Society for Prevention of Cruelty to Animals, Petitioner, v County of Nassau et al., Respondents.
Proceeding pursuant to CPLR article 78, inter alia, in effect, in the nature of prohibition to prohibit a justice of the Supreme Court, Nassau County, from determining an order to show cause returnable November 4, 2016, in an action entitled Moore v Nassau County Socy. for Prevention of Cruelty to Animals, pending under Nassau County index No. 7024/16.
Adjudged that the petition is denied and the proceeding is dismissed on the merits, without costs or disbursements.
p. 850
“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., Balkin, Leventhal and LaSalle, JJ., concur.
Cases cited
- Holtzman v. Goldman 71 NY2d 564 at 569 p. 850
- Rush v. Mordue 68 NY2d 348 at 352 p. 850