Matter of Best v. Schwartz

— Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondent Barry A. Schwartz, a Justice of the Supreme Court, Queens County, from presiding over a criminal action against the petitioner under Queens County indictment No. 768/14.

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 has failed to demonstrate a clear legal right to the relief sought.