Rodriguez v. Justices of the Supreme Court

Appellate Division of the Supreme Court of New York

Rodriguez v. Justices of the Supreme Court

117 A.D.3d 958, 985 N.Y.S.2d 898

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

DecidedMay 21, 2014

StatusPublished

This text of 117 A.D.3d 958 (Rodriguez v. Justices of the Supreme Court) 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

Rodriguez v. Justices of the Supreme Court, 117 A.D.3d 958, 985 N.Y.S.2d 898 (N.Y. Ct. App. 2014).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondent Steven Paynter, a Justice of the Supreme Court, Queens County, from continuing the suppression hearing in a criminal action entitled People v Rodriguez, pending under Queens County indictment No. 10088/13.

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 demonstrate a clear legal right to [959]*959the relief sought.

Dillon, J.P., Sgroi, Maltese and Duffy, JJ., concur.

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