From Casetext: Smarter Legal Research

Lisi v. Doyle

Appellate Division of the Supreme Court of New York, Second Department
Jul 19, 2011
86 A.D.3d 614 (N.Y. App. Div. 2011)

Opinion

No. 2011-05595.

July 19, 2011.

Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent James EX. Doyle, a Judge of the County Court, Suffolk County, from proceeding to trial in a criminal matter entitled People v Lisi, pending in the County Court, Suffolk County, under indictment No. 1709B/09.

Moritt Hock Hamroff, LLP, Garden City, N.Y. (Randy Zelin of counsel), for petitioner.

Eric T. Schneiderman, Attorney General, New York, N.Y. (Roberta L. Martin of counsel), for respondent James F.X. Doyle.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), respondent pro se.

Before: Skelos, J.P., Eng, Austin 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 has failed to demonstrate a clear legal right to the relief sought.


Summaries of

Lisi v. Doyle

Appellate Division of the Supreme Court of New York, Second Department
Jul 19, 2011
86 A.D.3d 614 (N.Y. App. Div. 2011)
Case details for

Lisi v. Doyle

Case Details

Full title:In the Matter of BRANDON LISI, Petitioner, v. JAMES F.X. DOYLE et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 19, 2011

Citations

86 A.D.3d 614 (N.Y. App. Div. 2011)
926 N.Y.S.2d 912