Citation Numbers: 175 A.D.2d 921
Filed Date: 8/26/1991
Status: Precedential
Modified Date: 10/31/2024
— In a proceeding pursuant to CPLR article 78 in the nature of prohibition to bar a Justice of the Family Court from relieving the Legal Aid Society from its appointment as Law Guardian for a child, the petitioner appeals from a judgment of the Supreme Court, Kings County (Vaccaro, J.), dated March 19, 1991, which dismissed the proceeding.
Ordered that the judgment is affirmed, 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 Gold