General

In the Matter of Patrick Williams et al., Petitioners, v. Alan L. Honorof et al., Respondents

91 A.D.3d 882936 N.Y.S.2d 914·New York Supreme Court, Appellate Division·2012·NY

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Opinion

In the Matter of Patrick Williams et al., Petitioners, v Alan L. Honorof et al., Respondents. [936 NYS2d 914] [MAJORITY] 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.