In re Booker v. Silverman

Appellate Division of the Supreme Court of New York

In re Booker v. Silverman

286 A.D.2d 328, 728 N.Y.S.2d 702, 2001 N.Y. App. Div. LEXIS 7859

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

DecidedAugust 6, 2001

StatusPublished

This text of 286 A.D.2d 328 (In re Booker v. Silverman) 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

In re Booker v. Silverman, 286 A.D.2d 328, 728 N.Y.S.2d 702, 2001 N.Y. App. Div. LEXIS 7859 (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 respondents from proceeding in an action entitled People v Booker, pending in the Supreme Court, Kings County, under Indictment No. 8621/00, and application for leave to prosecute the proceeding as a poor person.

Ordered that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied as academic; 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. O’Brien, J. P., Krausman, Goldstein, Schmidt and Crane, JJ., concur.

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—Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondents from proceeding in an action entitled People v Booker, pending in the Supreme Court, Kings County, under Indictment No. 8621/00, and application for leave to prosecute the proceeding as a poor person.

Ordered that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied as academic; 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. O’Brien, J. P., Krausman, Goldstein, Schmidt and Crane, JJ., concur.

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Bluebook (online)

286 A.D.2d 328, 728 N.Y.S.2d 702, 2001 N.Y. App. Div. LEXIS 7859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-booker-v-silverman-nyappdiv-2001.

Opinion

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