Matter of Alfonso Springer v Joseph M. McKay

Matter of Springer v McKay 2005 NYSlipOp 09547 December 12, 2005 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 15, 2006

In the Matter of Alfonso Springer, Petitioner,
v
Joseph M. McKay, Respondents.

—[*1]Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent Joseph M. McKay, a Justice of the Supreme Court, Kings County, from taking any further action in a case entitled People v Springer, pending under Kings County indictment No. 9445/01.

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 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 (see Matter of Springer-Knight v McKay, 24 AD3d 562 [2005]). Prudenti, P.J., H. Miller, Mastro and Lunn, JJ., concur.