Matter of El-Shabazz v Supreme Ct. of N.Y. (IDV-1)

Matter of El-Shabazz v Supreme Ct. of N.Y. (IDV-1) 2013 NY Slip Op 05745 Decided on August 28, 2013 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 August 28, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
2013-06339 DECISION, ORDER & JUDGMENT

[*1]In the Matter of Mandela Brock El-Shabazz, petitioner,

v

Supreme Court of New York (IDV-1), et al., respondents.




Mandela Brock El-Shabazz, petitioner pro se.
Eric T. Schneiderman, Attorney General, New York, N.Y.
(Susan Anspach of counsel), for respondent
Patricia E. Henry.
Susan M. Cordaro, Brooklyn, N.Y., attorney for the child.

Proceeding pursuant to CPLR article 78, inter alia, in the nature of prohibition to prohibit the respondent Patricia E. Henry, a Justice of the Supreme Court, Kings County, from presiding over a custody and visitation proceeding pending in the Supreme Court, Kings County, under Index No. V-00052/13, and application by the petitioner for poor person relief.

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 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.
RIVERA, J.P., SKELOS, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino [*2]

Clerk of the Court