Opinion
No. 2024-04694
10-09-2024
In the Matter of Donald Downard, petitioner, v. John B. Collins, etc., respondent.
The Bellantoni Law Firm, PLLC, Scarsdale, NY (Amy L. Bellantoni of counsel), for petitioner. Letitia James, Attorney General, New York, NY (Joya C. Sonnenfeldt of counsel), for respondent.
The Bellantoni Law Firm, PLLC, Scarsdale, NY (Amy L. Bellantoni of counsel), for petitioner.
Letitia James, Attorney General, New York, NY (Joya C. Sonnenfeldt of counsel), for respondent.
COLLEEN D. DUFFY, J.P. LINDA CHRISTOPHER., LARA J. GENOVESI, CARL J. LANDICINO, JJ.
DECISION & JUDGMENT
Proceeding pursuant to CPLR article 78, inter alia, in effect, in the nature of prohibition to prohibit the respondent, John B. Collins, a Justice of the Supreme Court, Suffolk County, from acting in excess of his authority by imposing certain limitation with respect to a certificate of relief from disabilities issued by the respondent.
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; 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 (see Matter of Drummonds v Harrington, 158 A.D.3d 797).
The petitioner's remaining contentions are without merit.
DUFFY, J.P., CHRISTOPHER, GENOVESI and LANDICINO, JJ., concur.