Matter of Downard v Collins, 2024 NY Slip Op 04961 [231 AD3d 828]

October 9, 2024

Appellate Division, Second Department

[*1]

In the Matter of Donald Downard, Petitioner,

v

John B. Collins, a Justice of the Supreme Court, Suffolk County, Respondent.

The Bellantoni Law Firm, PLLC, Scarsdale, NY (Amy L. Bellantoni of counsel), for petitioner.

Letitia James, Attorney General, New York, NY (Joya C. Sonnenfeldt of counsel), for respondent.

Proceeding pursuant to CPLR article 78, inter alia, in effect, in the nature of prohibition to prohibit the respondent, John B. Collins, a Justice of the Supreme Court, Suffolk County, from acting in excess of his authority by imposing certain limitation with respect to a certificate of relief from disabilities issued by the respondent.

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 demonstrate a clear legal right to the relief sought ( see Matter of Drummonds v Harrington , 158 AD3d 797 [2018]).

The petitioner’s remaining contentions are without merit. Duffy, J.P., Christopher, Genovesi and Landicino, JJ., concur..