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Lynch v. Condon

87 A.D.3d 644 Court N.Y. App. Div. Decision date 2011-08-16 English

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p. 644
In the Matter of Rickey Lynch, Petitioner, v William Condon, Respondent.
[928 NYS2d 464]

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

p. 645
authorized powers” (Matter of Holtzman v Goldman, 71 NY2d 564 , 569 [1988]; Matter of Rush v Mordue, 68 NY2d 348 , 352 [1986]). The petitioner has failed to demonstrate a clear legal right to the relief sought. Rivera, J.E, Balkin, Leventhal and Roman, JJ., concur.

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