Matter of Mizell v Dear, 2017 NY Slip Op 08271 [155 AD3d 959]

November 22, 2017

Appellate Division, Second Department

[*1]

In the Matter of Sheryll Mizell, Petitioner,

v

Noach Dear, Respondent.

Sheryll Mizell, Brooklyn, NY, petitioner pro se.

Eric T. Schneiderman, Attorney General, New York, NY (Elizabeth A. Figueira of counsel), for respondent.

Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent, Noach Dear, a Justice of the Supreme Court, Kings County, from enforcing two orders dated September 21, 2016, and June 5, 2017, respectively, in an action entitled U.S. Bank, N.A. v Mizell , pending in the Supreme Court, Kings County, under index No. 508980/15.

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. Chambers, J.P., Cohen, Barros and Christopher, JJ., concur..