Matter of Spence v Partnow

Matter of Spence v Partnow 2017 NY Slip Op 09141 Decided on December 27, 2017 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 December 27, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RANDALL T. ENG, P.J.
RUTH C. BALKIN
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
2017-07840

[*1]In the Matter of Lionel Spence, petitioner,

v

Mark I. Partnow, etc., respondent.

Lionel Spence, Brooklyn, NY, petitioner pro se.

Eric T. Schneiderman, Attorney General, New York, NY (Charles F. Sanders and Alissa S. Wright of counsel), for respondent.

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent, Mark I. Partnow, a Justice of the Supreme Court, Kings County, from enforcing a judgment of foreclosure and sale dated April 19, 2017, in an action entitled City Success Group Corp. v Collins , entered in the Supreme Court, Kings County, under Index No. 29775/06.

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 establish a clear legal right to the relief sought.

ENG, P.J., BALKIN, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court