Matter of Parker v Chun, 2020 NY Slip Op 07067 [188 AD3d 1216]

November 25, 2020

Appellate Division, Second Department

[*1]

In the Matter of Aquellio Parker, Petitioner,

v

Danny Chun, an Acting Justice of the Supreme Court, Kings County, et al., Respondents.

Janet E. Sabel, New York, NY (Rebecca Besdin of counsel), for petitioner.

Letitia James, Attorney General, New York, NY (James B. Cooney of counsel), for respondent Danny Chun.

Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondent Danny Chun, an Acting Justice of the Supreme Court, Kings County, from proceeding with an order for the petitioner Aquellio Parker to appear in person.

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 and establish that the respondent Danny Chun lacked jurisdiction or acted or threatened to act in excess of his authorized powers ( see Matter of Holtzman v Goldman , 71 NY2d at 569). Dillon, J.P., Chambers, LaSalle and Iannacci, JJ., concur..