DECISION & ORDER
Davis & Ferber, LLP, Islandia, N.Y. (Alex J. Kaminski of counsel), for amici curiae Suffolk County Police Conference, Suffolk County Police Benevolent Association, Inc., and Suffolk County Detective Investigators Police Benevolent Association.
Scott Lockwood, Deer Park, N.Y. (Danielle Coysh of counsel), for amicus curiae Suffolk County Criminal Defense Attorneys.
Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondent Chris Anne Kelley, a Justice of the Supreme Court, Suffolk County, from enforcing an order dated July 23, 2021, issued in an action entitled People v. Portillo, pending in that court under Indictment No. 179/20.
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 N.Y.2d 564, 569; see Matter of Rush v. Mordue, 68 N.Y.2d 348, 352). The petitioner has failed to demonstrate a clear legal right to the relief sought. BRATHWAITE NELSON, J.P., RIVERA, CHAMBERS and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court