Osborne v. Dolan

Appellate Division of the Supreme Court of New York

Osborne v. Dolan

303 A.D.2d 759, 757 N.Y.S.2d 463, 2003 N.Y. App. Div. LEXIS 3374

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

DecidedMarch 31, 2003

StatusPublished

This text of 303 A.D.2d 759 (Osborne v. Dolan) 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

Osborne v. Dolan, 303 A.D.2d 759, 757 N.Y.S.2d 463, 2003 N.Y. App. Div. LEXIS 3374 (N.Y. Ct. App. 2003).

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Opinion

—Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent Thomas J. Dolan, a Judge of the County Court and acting Justice of the Supreme Court, from disqualifying the petitioner from representing John McGuire, a defendant in a criminal action entitled People v McGuire, pending in the County Court, Dutchess County, under Indictment No. 128/2002.

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 [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. Ritter, J.P., Feuerstein, H. Miller and Townes, JJ., concur.

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—Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent Thomas J. Dolan, a Judge of the County Court and acting Justice of the Supreme Court, from disqualifying the petitioner from representing John McGuire, a defendant in a criminal action entitled People v McGuire, pending in the County Court, Dutchess County, under Indictment No. 128/2002.

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 [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. Ritter, J.P., Feuerstein, H. Miller and Townes, JJ., concur.

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Bluebook (online)

303 A.D.2d 759, 757 N.Y.S.2d 463, 2003 N.Y. App. Div. LEXIS 3374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/osborne-v-dolan-nyappdiv-2003.

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