Summary
In Matter of Donovan, 13 Mass. Att'y Discipline Rep. 142, 143-144 (1997), the respondent was suspended for eighteen months for failing to disclose on her bar application that she had been under investigation for student loan fraud for two years, where the form of petition for admission did not require disclosure of the pendency of any investigation into possible criminal charges, and the attorney did not volunteer information about the investigation.
Summary of this case from In the Matter of MooreOpinion
June 16, 1997
Motion by the respondent Justice of the Supreme Court to dismiss the proceeding.
Upon the petition and papers filed in support of the proceeding, and the papers filed in opposition thereto and in support of the motion, it is
Ordered that the application for poor person relief is granted; and it is further,
Ordered that the motion is granted; and it is further,
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.
Miller, J.P., Copertino, Sullivan and Altman, JJ., concur.