Grady v. Greller

Appellate Division of the Supreme Court of New York

Grady v. Greller

89 A.D.3d 844, 932 N.Y.2d 377

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

DecidedNovember 9, 2011

StatusPublished

This text of 89 A.D.3d 844 (Grady v. Greller) 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

Grady v. Greller, 89 A.D.3d 844, 932 N.Y.2d 377 (N.Y. Ct. App. 2011).

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Opinion

“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 failed to demonstrate a clear legal right to the relief sought. Skelos, J.E, Balkin, Leventhal and Lott, JJ., concur.

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“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 failed to demonstrate a clear legal right to the relief sought. Skelos, J.E, Balkin, Leventhal and Lott, JJ., concur.

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Bluebook (online)

89 A.D.3d 844, 932 N.Y.2d 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grady-v-greller-nyappdiv-2011.

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