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Matter of Bd. of Assessors v. Cromarty

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1990
157 A.D.2d 721 (N.Y. App. Div. 1990)

Opinion

January 16, 1990


Adjudged that 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 unauthorized powers" (Matter of Holtzman v Goldman, 71 N.Y.2d 564, 569; accord, Matter of Rush v. Mordue, 68 N.Y.2d 348, 353). The extraordinary remedy of prohibition does not properly lie under the instant circumstances. Moreover, even if prohibition lies and it appears that the court is acting in excess of its jurisdiction, relief is not granted as of right. The question of whether to grant prohibition is within the sound discretion of the reviewing court (see, Matter of Holtzman v Goldman, supra). Bracken, J.P., Lawrence, Harwood and Balletta, JJ., concur.


Summaries of

Matter of Bd. of Assessors v. Cromarty

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1990
157 A.D.2d 721 (N.Y. App. Div. 1990)
Case details for

Matter of Bd. of Assessors v. Cromarty

Case Details

Full title:In the Matter of the BOARD OF ASSESSORS AND THE BOARD OF ASSESSMENT REVIEW…

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

Date published: Jan 16, 1990

Citations

157 A.D.2d 721 (N.Y. App. Div. 1990)
549 N.Y.S.2d 816