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“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 NY2d
*713 564, 569 [1988]; see Matter of Rush v Mordue, 68 NY2d 348, 352 [1986]).The petitioner has failed to demonstrate a clear legal right to the relief sought. Skelos, J.E, Balkin, Leventhal and Cohen, JJ., concur.
Document Info
Filed Date: 10/3/2012
Precedential Status: Precedential
Modified Date: 10/19/2024