In the Matter of George R. Osborne, on Behalf of John McGuire, Petitioner, v. Thomas J. Dolan et al., Respondents

In the Matter of George R. Osborne, on Behalf of John McGuire, Petitioner, v Thomas J. Dolan et al., Respondents. [757 NYS2d 463] [MAJORITY] —Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent Thomas J. Dolan, a Judge of the County Court and acting Justice of the Supreme Court, from disqualifying the petitioner from representing John McGuire, a defendant in a criminal action entitled People v McGuire, pending in the County Court, Dutchess County, under Indictment No. 128/2002. 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. Ritter, J.P., Feuerstein, H. Miller and Townes, JJ., concur.