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Weaver v. Sweeney

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 4, 2019
178 A.D.3d 710 (N.Y. App. Div. 2019)

Opinion

2019-09383

12-04-2019

In the Matter of Everette WEAVER, petitioner, v. Peter P. SWEENEY, etc., respondent.

Everette Weaver, Hopewell Junction, NY, petitioner pro se. Letitia James, Attorney General, New York, N.Y. (Charles F. Sanders of counsel), for respondent.


Everette Weaver, Hopewell Junction, NY, petitioner pro se.

Letitia James, Attorney General, New York, N.Y. (Charles F. Sanders of counsel), for respondent.

MARK C. DILLON, J.P., RUTH C. BALKIN, HECTOR D. LASALLE, BETSY BARROS, JJ.

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondent, Peter P. Sweeney, a Justice of the Supreme Court, Kings County, from enforcing so much of an order dated April 12, 2019, issued in an action entitled CitiMortgage, Inc. v. Weaver , pending in the Supreme Court, Kings County, under Index No. 18430/09, as enjoined the petitioner from filing additional papers in that action without leave of court.

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.

DILLON, J.P., BALKIN, LASALLE and BARROS, JJ., concur.


Summaries of

Weaver v. Sweeney

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 4, 2019
178 A.D.3d 710 (N.Y. App. Div. 2019)
Case details for

Weaver v. Sweeney

Case Details

Full title:In the Matter of Everette Weaver, petitioner, v. Peter P. Sweeney, etc.…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Dec 4, 2019

Citations

178 A.D.3d 710 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 8679
111 N.Y.S.3d 247

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