Matter of Williams v Zambelli

Annotate this Case
Matter of Williams v Zambelli 2006 NY Slip Op 07363 [33 AD3d 714] October 10, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 13, 2006

In the Matter of DeAndre Williams, Petitioner,
v
Barbara G. Zambelli, as Justice of the Supreme Court of the State of New York, Respondent.

—[*1]Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondent Barbara G. Zambelli, a Justice of the Supreme Court, Kings County, from deciding certain motions pursuant to CPL article 440, and application for poor person relief. Motion by the respondent to dismiss the proceeding.

Ordered that the motion is denied; and it is further,

Ordered that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied; and it is further,

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. Adams, J.P., Skelos, Fisher and Covello, JJ., concur.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.