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Matter of Lopez v. Feldman

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 1995
220 A.D.2d 667 (N.Y. App. Div. 1995)

Opinion

October 23, 1995

Appeal from the Supreme Court, Kings County.


Motion by the respondent Anne G. Feldman to dismiss the proceeding.

Upon the petition and papers filed in support of the proceeding, and the papers filed in opposition thereto and in support of the motion, it is

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 here has failed to demonstrate a clear legal right to the relief sought. Mangano, P.J., Balletta, Pizzuto and Santucci, JJ., concur.


Summaries of

Matter of Lopez v. Feldman

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 1995
220 A.D.2d 667 (N.Y. App. Div. 1995)
Case details for

Matter of Lopez v. Feldman

Case Details

Full title:In the Matter of HECTOR LOPEZ, Petitioner, v. ANNE G. FELDMAN et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 23, 1995

Citations

220 A.D.2d 667 (N.Y. App. Div. 1995)
632 N.Y.S.2d 970