Matter of Spence v Partnow, 2017 NY Slip Op 09141 [156 AD3d 893]

December 27, 2017

Appellate Division, Second Department

[*1]

In the Matter of Lionel Spence, Petitioner,

v

Mark I. Partnow, a Justice of the Supreme Court, Kings County, 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.

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 [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. Eng, P.J., Balkin, Austin and Sgroi, JJ., concur..