LAW.coLAW.co

In the Matter of Mohammed Karimzada, Petitioner, v. Justices of Supreme Court, State of New York, Queens County, et al., Respondents

New York Supreme Court, Appellate Division2004-11-08
12 A.D.3d 447783 N.Y.S.2d 855

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Proceeding pursuant to CPLR article 78 in the nature of prohibition and mandamus, inter alia, to prohibit the trial in the action entitled People v Karimzada pending the Supreme Court, Queens County, under indictment No. 807/03, and to dismiss the indictment as time-barred.

Adjudged that the petition is denied and the proceeding is dismissed, 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]). Similarly, the extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act and only when 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 has failed to demonstrate a clear legal right to the relief sought. Florio, J.P., Krausman, Adams and Lifson, JJ., concur.