Majority
p. 882In the Matter of Patrick Williams et al., Petitioners, v Alan L. Honorof et al., Respondents. [936 NYS2d 914]
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 demonstrate a clear legal right to the relief sought. Rivera, J.E, Dickerson, Chambers and Austin, JJ., concur.
Cases cited
- Holtzman v. Goldman 71 NY2d 564 at 569 p. 882
- Rush v. Mordue 68 NY2d 348 at 352 p. 882