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In the Matter of Maynard M. Archer, Petitioner, v. Eric T. Schneiderman et al., Respondents

New York Supreme Court, Appellate Division2012-07-18
97 A.D.3d 741947 N.Y.S.2d 916

Authorities cited

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Opinion

majority opinion

“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 failed to demonstrate a clear legal right to the relief sought. Angiolillo, J.P., Dickerson, Chambers and Cohen, JJ., concur.