82 A.D.3d 1099 918 N.Y.S.2d 887

In the Matter of Tyrone Houston, Petitioner, v Matthew J. D’Emic et al., Respondents.

[918 NYS2d 887]

“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 564, 569 [1988]; see Matter of Rush v Mordue, 68 NY2d 348, 352 *1100[1986]). The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only where there exists a clear legal right to the relief sought (see Matter of Legal Aid Socy. of Sullivan County v Scheinman, 53 NY2d 12, 16 [1981]).

The petitioner failed to demonstrate a clear legal right to the relief sought. Rivera, J.E, Dillon, Hall and Roman, JJ., concur.

Houston v. D’Emic
82 A.D.3d 1099 918 N.Y.S.2d 887

Case Details

Name
Houston v. D’Emic
Decision Date
Mar 22, 2011
Citations

82 A.D.3d 1099

918 N.Y.S.2d 887

Jurisdiction
New York

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