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Rondon v. Kohm

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1996
229 A.D.2d 395 (N.Y. App. Div. 1996)

Opinion

July 1, 1996


Motion by the respondent Justices 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 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). 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. Rosenblatt, J.P., Ritter, Copertino and Pizzuto, JJ., concur.


Summaries of

Rondon v. Kohm

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1996
229 A.D.2d 395 (N.Y. App. Div. 1996)
Case details for

Rondon v. Kohm

Case Details

Full title:In the Matter of LUIS B. RONDON, Petitioner, v. ROBERT C. KOHM et al.…

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

Date published: Jul 1, 1996

Citations

229 A.D.2d 395 (N.Y. App. Div. 1996)
644 N.Y.S.2d 652