General

In the Matter of Hin Y. Limtung, Petitioner, Kevin J. Kerrigan, Respondent

127 A.D.3d 9734 N.Y.S.3d 919·New York Supreme Court, Appellate Division·2015·NY

Rivera, J.R, Sgroi, Cohen and Duffy, JJ., concur.

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Opinion

In the Matter of Hin Y. Limtung, Petitioner, Kevin J. Kerrigan, Respondent. [4 NYS3d 919] [MAJORITY] Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit Kevin J. Kerrigan, a Justice of the Supreme Court, Queens County, from holding a hearing on the issue of sanctions in an action entitled Wells Fargo Bank, N.A. v Limtung, pending in the Supreme Court, Queens County, under index No. 19442/07. 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 establish a clear legal right to relief in the nature of prohibition. Rivera, J.R, Sgroi, Cohen and Duffy, JJ., concur.