142 A.D.3d 663 36 N.Y.S.3d 826

In the Matter of Hilary Best, Petitioner, v Barry A. Schwartz et al., Respondents.

[36 NYS3d 826]

— Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondent Barry A. Schwartz, a Justice of the Supreme Court, Queens County, from presiding over a criminal action against the petitioner under Queens County indictment No. 768/14.

Adjudged that the petition is denied and the proceeding is dismissed on the merits, 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 NY2d 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.

Eng, P.J., Dickerson, Duffy and Connolly, JJ., concur.

Best v. Schwartz
142 A.D.3d 663 36 N.Y.S.3d 826

Case Details

Name
Best v. Schwartz
Decision Date
Aug 24, 2016
Citations

142 A.D.3d 663

36 N.Y.S.3d 826

Jurisdiction
New York

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