General
In the Matter of Gennady Lvovsky, Petitioner, v. Duane Hart, a Justice of the Supreme Court, Queens County, et al., Respondents
132 A.D.3d 76717 N.Y.S.3d 660·New York Supreme Court, Appellate Division·2015·NY
Hall, J.P., Sgroi, Cohen and Maltese, JJ., concur.
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Opinion
In the Matter of Gennady Lvovsky, Petitioner, v Duane Hart, a Justice of the Supreme Court, Queens County, et al., Respondents.
[17 NYS3d 660]
[MAJORITY]
Proceeding pursuant to CPLR article 78, inter alia, in the nature of prohibition to prohibit the respondent Duane Hart, a Justice of the Supreme Court, Queens County, from presiding over an action entitled Lvovsky v Breznan (Sup Ct, Queens County, index No. 706107/13).
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.
Hall, J.P., Sgroi, Cohen and Maltese, JJ., concur.