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Awan v. Adams

Supreme Court, Appellate Division, Second Department, New York.
Sep 24, 2014
120 A.D.3d 1410 (N.Y. App. Div. 2014)

Opinion

2014-06374

09-24-2014

In the Matter of Abdul Q. AWAN, petitioner, v. Rachel ADAMS, et al., respondents.

Abdul Q. Awan, Brooklyn, N.Y., petitioner pro se. Eric T. Schneiderman, Attorney General, New York, N.Y. (Charles F. Sanders and Susan Anspach of counsel), respondent pro se, and for respondents Rachel Adams and Michelle R. Lambert.


Abdul Q. Awan, Brooklyn, N.Y., petitioner pro se.

Eric T. Schneiderman, Attorney General, New York, N.Y. (Charles F. Sanders and Susan Anspach of counsel), respondent pro se, and for respondents Rachel Adams and Michelle R. Lambert.

LEONARD B. AUSTIN, J.P., SHERI S. ROMAN, SANDRA L. SGROI, and JEFFREY A. COHEN, JJ.

Opinion Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent Rachel Adams, a Justice of the Supreme Court, Kings County, from presiding over the petitioner's matrimonial action entitled Awan v. Kazoleas–Awan, pending in the Supreme Court, Kings County, under Index No. 51662/10.

Motion by the petitioner to hold the respondents in contempt of court, and application by Attorney General Eric T. Schneiderman to preclude the petitioner from commencing any further actions or proceedings or making any further motions in the matrimonial action without leave of court.

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

ADJUDGED that the petition is denied and the proceeding is dismissed on the merits, without costs or disbursements; and it is further,ORDERED that the motion is denied; and it is further,

ORDERED that the application by Attorney General Eric T. Schneiderman to preclude the petitioner from commencing any further actions or proceedings or making any further motions in the matrimonial action without leave of court is denied without prejudice to seeking that relief in the Supreme Court, Kings County.

“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.


Summaries of

Awan v. Adams

Supreme Court, Appellate Division, Second Department, New York.
Sep 24, 2014
120 A.D.3d 1410 (N.Y. App. Div. 2014)
Case details for

Awan v. Adams

Case Details

Full title:In the Matter of Abdul Q. AWAN, petitioner, v. Rachel ADAMS, et al.…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Sep 24, 2014

Citations

120 A.D.3d 1410 (N.Y. App. Div. 2014)
993 N.Y.S.2d 145
2014 N.Y. Slip Op. 6309