Matter of Patchogue Medford Union Free School District v Stephen L. Braslow

Matter of Patchogue Medford Union Free School Dist. v Braslow 2006 NY Slip Op 06416 [32 AD3d 857] September 12, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, November 08, 2006

In the Matter of Patchogue Medford Union Free School District, Petitioner,
v
Stephen L. Braslow, as Judge of the Suffolk County Court, Respondent.

—[*1]Proceeding pursuant to CPLR article 78 to prohibit the enforcement of an order of the respondent, Stephen L. Braslow, a Judge of the County Court, Suffolk County, dated March 3, 2006, in a criminal action entitled People v Conwell, pending in the County Court, Suffolk County, under indictment No. 256-2006, which directed the petitioner to provide the defendant therein, Christopher Conwell, with six hours of education per day, from Monday to Friday.

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. Crane, J.P., Goldstein, Rivera and Lifson, JJ., concur.