Dozier v. Lott

Appellate Division of the Supreme Court of New York

Dozier v. Lott

282 A.D.2d 458, 722 N.Y.S.2d 744, 2001 N.Y. App. Div. LEXIS 3312

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 2, 2001

StatusPublished

This text of 282 A.D.2d 458 (Dozier v. Lott) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dozier v. Lott, 282 A.D.2d 458, 722 N.Y.S.2d 744, 2001 N.Y. App. Div. LEXIS 3312 (N.Y. Ct. App. 2001).

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Opinion

—Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent Plummer Lott, a Justice of the Supreme Court, Kings County, from imposing sentence upon the petitioner in an underlying criminal matter entitled People v Dozier, pending in the Supreme Court, Kings County, under Indictment No. 2461/00.

Application by the respondent Plummer Lott to dismiss the proceeding.

Ordered that the application is granted; and it is further,

Adjudged that the petition is denied and the proceeding is dismissed, 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; see, Matter of Rush v Mordue, 68 NY2d 348, 352). The petitioner has failed to demonstrate a clear legal right to the relief sought. Ritter, J. P., Krausman, H. Miller and Smith, JJ., concur.

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—Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent Plummer Lott, a Justice of the Supreme Court, Kings County, from imposing sentence upon the petitioner in an underlying criminal matter entitled People v Dozier, pending in the Supreme Court, Kings County, under Indictment No. 2461/00.

Application by the respondent Plummer Lott to dismiss the proceeding.

Ordered that the application is granted; and it is further,

Adjudged that the petition is denied and the proceeding is dismissed, 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; see, Matter of Rush v Mordue, 68 NY2d 348, 352). The petitioner has failed to demonstrate a clear legal right to the relief sought. Ritter, J. P., Krausman, H. Miller and Smith, JJ., concur.

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Bluebook (online)

282 A.D.2d 458, 722 N.Y.S.2d 744, 2001 N.Y. App. Div. LEXIS 3312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dozier-v-lott-nyappdiv-2001.

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