General

In the Matter of Robert Clark, Petitioner, v. Barry Kron et al., Respondents

250 A.D.2d 610671 N.Y.S.2d 990·New York Supreme Court, Appellate Division·1998·NY

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Opinion

In the Matter of Robert Clark, Petitioner, v Barry Kron et al., Respondents. [671 NYS2d 990] [MAJORITY] —Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondents from taking any further action against the petitioner in the matter entitled People v Robert Clark, pending in the Supreme Court, Queens County, under Indictment No. QN11570/97. Adjudged that the petition is denied and the proceeding is dismissed, 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; see, Matter of Rush v Mordue, 68 NY2d 348, 352). The petitioner has failed to demonstrate a clear legal right to the relief sought. Miller, J. P., Joy, Altman and McGinity, JJ., concur.