Robinson v. Peck
| Decision Date | 11 July 2012 |
| Citation | 97 A.D.3d 685,947 N.Y.S.2d 891,2012 N.Y. Slip Op. 05534 |
| Parties | In the Matter of Steven ROBINSON, petitioner, v. George R. PECK, etc., respondent. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Kiran Chaitram, Malverne, N.Y., for petitioner.
Eric T. Schneiderman, Attorney General, New York, N.Y. (Anthony J. Tomari of counsel), for respondent.
Proceeding pursuant to CPLR article 78, inter alia, in the nature of prohibition to prohibit George R. Peck, a Justice of the Supreme Court, Nassau County, from presiding over a criminal action against the petitioner entitled People v. Robinson, pending in the Supreme Court, Nassau County, under Indictment No. 2305/09.
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 N.Y.2d 564, 569, 528 N.Y.S.2d 21, 523 N.E.2d 297;see Matter of Rush v. Mordue, 68 N.Y.2d 348, 352, 509 N.Y.S.2d 493, 502 N.E.2d 170).
The petitioner failed to demonstrate a clear legal right to the relief sought.
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