Opinion
2012-09-19
In the Matter of Michael BURNETT, petitioner, v. P. Murphy, etc., et al., respondents.
Michael Burnett, East Elmhurst, N.Y., petitioner pro se. Eric T. Schneiderman, Attorney General, New York, N.Y. (Charles F. Sanders of *601counsel), for respondent Martin P. Murphy, named herein as P. Murphy.
Michael Burnett, East Elmhurst, N.Y., petitioner pro se. Eric T. Schneiderman, Attorney General, New York, N.Y. (Charles F. Sanders of *601counsel), for respondent Martin P. Murphy, named herein as P. Murphy.
Proceeding pursuant to CPLR article 78, inter alia, in the nature of prohibition to prohibit the respondents from proceeding with an underlying criminal action entitled People v. Burnett, commenced in the Supreme Court, Kings County, under Indictment No. 8242/10, and application by the petitioner for poor person relief.
ORDERED that the application for poor person relief is granted to the extent that the
filing fee imposed by CPLR 8022(b) is waived, and the application is otherwise denied; and it is further,
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 N.Y.2d 564, 569, 528 N.Y.S.2d 21, 523 N.E.2d 297;see Matter of Rush v. Mordue, 68 N.Y.2d 348, 352, 509 N.Y.S.2d 493, 502 N.E.2d 170).
The petitioner has failed to demonstrate a clear legal right to the relief sought.