Summary
In Matter of Abrahams v DiBlasi, 293 AD2d 530 [2d Dept 2002]), the Appellate Division, Second Department denied the petition of Solomon Abrahams for a writ of prohibition to prohibit Supreme Court Justice John P. DiBlasi from continuing the Court's sua sponte contempt proceeding against him in the action entitled Caiola v Allcity Insurance Co. (then pending in Supreme Court, Westchester County under Index No. 1333/96) on the ground that he had not been served personally with notice of the contempt proceeding.
Summary of this case from Taffet v. WexlerOpinion
2002-00325
April 8, 2002.
Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the Supreme Court from continuing contempt proceedings in an action entitled Caiola v. AllCity Insurance Company, and a proceeding entitled Matter of Parkside Limited Liability Company, both pending in the Supreme Court, Westchester County, under Index Nos. 1333/96 and 8095/99, respectively.
Solomon Abrahams, White Plains, N.Y., petitioner pro se.
Eliot Spitzer, Attorney-General, New York, N.Y., for respondent John P. DiBlasi.
Shamberg, Marwell, Hocherman, Davis Hollis, P.C., Mt. Kisco, N Y, respondent pro se.
Lawyers' Fund for Client Protection, Albany, N.Y., respondent pro se.
Before: SONDRA MILLER, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
Motion by the respondent John P. DiBlasi to dismiss the proceeding.
ORDERED that the motion is granted; and it is further,
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 N.Y.2d 564, 569; see Matter of Rush v. Mordue, 68 N.Y.2d 348, 352). The petitioner has failed to demonstrate a clear legal right to the relief sought.
S. MILLER, J.P., KRAUSMAN, SCHMIDT and COZIER, JJ., concur.