Appellate Division of the Supreme Court of New York, 2012

Robinson v. Spinner

Robinson v. Spinner
Appellate Division of the Supreme Court of New York · Decided December 26, 2012
101 A.D.3d 1130; 956 N.Y.2d 502
Robinson v. Spinner

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

“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 extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only where 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 failed to demonstrate a clear legal right to the relief sought. Angiolillo, J.P., Leventhal, Lott and Austin, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.