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Matter of Arrington v. Felig

Appellate Division of the Supreme Court of New York, Second Department
Dec 29, 1995
222 A.D.2d 671 (N.Y. App. Div. 1995)

Opinion

December 29, 1995


Upon the petition and the papers filed in support of the proceeding and the papers filed in opposition thereto, it is

Adjudged that the petition is denied and the proceeding is dismissed, 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. Copertino, J.P., Pizzuto, Santucci and Joy, JJ., concur.


Summaries of

Matter of Arrington v. Felig

Appellate Division of the Supreme Court of New York, Second Department
Dec 29, 1995
222 A.D.2d 671 (N.Y. App. Div. 1995)
Case details for

Matter of Arrington v. Felig

Case Details

Full title:In the Matter of GLEN ARRINGTON, Petitioner, v. J. FELIG et al.…

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

Date published: Dec 29, 1995

Citations

222 A.D.2d 671 (N.Y. App. Div. 1995)
636 N.Y.S.2d 664