Matter of Alexander Moore v Michael F. Mullen

Matter of Moore v Mullen 2005 NY Slip Op 01913 [16 AD3d 509] March 14, 2005 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 18, 2005

In the Matter of Alexander Moore et al., Petitioners,
v
Michael F. Mullen, Respondent. Thomas J. Spota, Nonparty Respondent.

—[*1]Proceeding pursuant to CPLR article 78 in the nature of a writ of prohibition, inter alia, to prohibit the trial of the actions entitled People v Moore, People v Prospect, and People v Myers, pending in the Supreme Court, Suffolk County, under Indictment Nos. 1010-04, 2153-04, and 2354-04, respectively.

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 petitioners have failed to demonstrate their clear legal right to the relief sought. Krausman, J.P., Mastro, Rivera and Skelos, JJ., concur.