Matter of Downard v. Collins

Matter of Downard v Collins (2024 NY Slip Op 04961)

Matter of Downard v Collins

2024 NY Slip Op 04961

Decided on October 9, 2024

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 9, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
COLLEEN D. DUFFY, J.P.
LINDA CHRISTOPHER
LARA J. GENOVESI
CARL J. LANDICINO, JJ.
2024-04694

The Bellantoni Law Firm, PLLC, Scarsdale, NY (Amy L. Bellantoni of counsel), for petitioner.

Letitia James, Attorney General, New York, NY (Joya C. Sonnenfeldt of counsel), for respondent.

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78, inter alia, in effect, in the nature of prohibition to prohibit the respondent, John B. Collins, a Justice of the Supreme Court, Suffolk County, from acting in excess of his authority by imposing certain limitation with respect to a certificate of relief from disabilities issued by the respondent.

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; see Matter of Rush v Mordue, 68 NY2d 348, 352). The petitioner has failed to demonstrate a clear legal right to the relief sought (see Matter of Drummonds v Harrington, 158 AD3d 797).

The petitioner's remaining contentions are without merit.

DUFFY, J.P., CHRISTOPHER, GENOVESI and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court