Opinion
No. 2011-03872.
May 3, 2011.
Proceeding pursuant to CPLR article 78, in the nature of prohibition to prohibit the respondent, Robert A. Ross, a Justice of the Supreme Court, Nassau County, from presiding over a hearing in an action entitled Cohen v Cohen, pending in the Supreme Court, Nassau County, under index No. 200455/07.
Eyal Cohen, Port Washington, N.Y., petitioner pro se.
Eric T. Schneiderman, Attorney General, New York, N.Y. (Mary Y. J. Kim of counsel), for respondent.
Before: Covello, J.P., Chambers, Lott and Miller, JJ.
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 NY2d 564, 569; see Matter of Rush v Mordue, 68 NY2d 348, 352).
The petitioner failed to demonstrate a clear legal right to the relief sought.