Matter of Lvovsky v. Hart

Proceeding pursuant to CPLR article 78, inter alia, in the nature of prohibition to prohibit the respondent Duane Hart, a Justice of the Supreme Court, Queens County, from presiding over an action entitled Lvovsky v Breznan (Sup Ct, Queens County, index No. 706107/13).

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 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.