Matter of Mizell v Sweeney, 2018 NY Slip Op 00557 [157 AD3d 957]

January 31, 2018

Appellate Division, Second Department

[*1]

In the Matter of Sheryll Mizell, Petitioner,

v

Peter P. Sweeney, a Justice of the Supreme Court, Kings County, et al., Respondents.

Sheryll Mizell, Brooklyn, NY, petitioner pro se.

Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent Peter P. Sweeney, a Justice of the Supreme Court, Kings County, from enforcing a judgment of foreclosure and sale in an action entitled US Bank N.A. v Mizell , pending in the Supreme Court, Kings County, under index No. 11315/09.

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 [1988]; see Matter of Rush v Mordue , 68 NY2d 348, 352 [1986]).

The petitioner has failed to establish a clear legal right to the relief sought. Leventhal, J.P., Cohen, Maltese and Barros, JJ., concur..