Opinion
2020–08383
11-25-2020
In the Matter of Dwayne WHITAKER, petitioner, v. Danny CHUN, etc., et al., respondents.
Janet E. Sabel, New York, N.Y. (Lily Goetz of counsel), for petitioner. Letitia James, Attorney General, New York, N.Y. (James B. Cooney of counsel), for respondent Danny Chun.
Janet E. Sabel, New York, N.Y. (Lily Goetz of counsel), for petitioner.
Letitia James, Attorney General, New York, N.Y. (James B. Cooney of counsel), for respondent Danny Chun.
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, HECTOR D. LASALLE, ANGELA G. IANNACCI, JJ.
DECISION & JUDGMENT
Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondent Danny Chun, an Acting Justice of the Supreme Court, Kings County, from proceeding with an order for the petitioner Dwayne Whitaker to appear in person.
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 and establish that the respondent Danny Chun lacked jurisdiction or acted or threatened to act in excess of his authorized powers (see Matter of Holtzman v. Goldman, 71 N.Y.2d at 569, 528 N.Y.S.2d 21, 523 N.E.2d 297 ).
DILLON, J.P., CHAMBERS, LASALLE and IANNACCI, JJ., concur.