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Matter of Francis v. Warden

Appellate Division of the Supreme Court of New York, Second Department
Aug 14, 1995
218 A.D.2d 698 (N.Y. App. Div. 1995)

Opinion

August 14, 1995


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). Similarly, the extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only when there exists a clear legal right to the relief sought (see, Matter of Legal Aid Socy. v. Scheinman, 53 N.Y.2d 12, 16).

The petitioner here has failed to demonstrate a clear legal right to the relief sought. Mangano, P.J., Thompson, Hart and Friedmann, JJ., concur.


Summaries of

Matter of Francis v. Warden

Appellate Division of the Supreme Court of New York, Second Department
Aug 14, 1995
218 A.D.2d 698 (N.Y. App. Div. 1995)
Case details for

Matter of Francis v. Warden

Case Details

Full title:In the Matter of ARTHUR FRANCIS, Petitioner, v. WARDEN et al., Respondents

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

Date published: Aug 14, 1995

Citations

218 A.D.2d 698 (N.Y. App. Div. 1995)
630 N.Y.S.2d 942