General
In the Matter of Alderic Vaillancourt, Petitioner, v. F. Dana Winslow, as Justice of the Supreme Court of the State of New York, Respondent
23 A.D.3d 570804 N.Y.S.2d 261·New York Supreme Court, Appellate Division·2005·NY
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Opinion
In the Matter of Alderic Vaillancourt, Petitioner, v F. Dana Winslow, as Justice of the Supreme Court of the State of New York, Respondent.
[804 NYS2d 261]
[MAJORITY]
Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent F. Dana Winslow, a Justice of the Supreme Court, Nassau County, from enforcing a judgment entered in an unrelated proceeding entitled Matter of Vaillancourt v Treasurer of Nassau County, pending in the Supreme Court, Nassau County, under index No. 1571/05.
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 [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. Cozier, J.P., Ritter, Spolzino and Lunn, JJ., concur.