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Matter of Gutierrez v. Pesce

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 419 (N.Y. App. Div. 1996)

Opinion

February 5, 1996

Appeal from the Supreme Court, Kings County.


Upon the petition and 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. Mangano, P.J., Bracken, Copertino and Pizzuto, JJ., concur.


Summaries of

Matter of Gutierrez v. Pesce

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 419 (N.Y. App. Div. 1996)
Case details for

Matter of Gutierrez v. Pesce

Case Details

Full title:In the Matter of ALBERTO GUTIERREZ, Petitioner, v. MICHAEL PESCE, as…

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

Date published: Feb 5, 1996

Citations

224 A.D.2d 419 (N.Y. App. Div. 1996)
638 N.Y.S.2d 314