Majority
Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent Peter P. Sweeney, a Justice of the Supreme Court, Kings County, from enforcing a judgment of foreclosure and sale in an action entitled US Bank N.A. v Mizell, pending in the Supreme Court, Kings County, under index No. 11315/ 09.
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 establish a clear legal right to the relief sought.
Leventhal, J.P., Cohen, Maltese and Barros, JJ., concur.
Cases cited
- Holtzman v. Goldman 71 NY2d 564 at 569 p. 957
- Rush v. Mordue 68 NY2d 348 at 352 p. 957