Rodriguez v. Mullen

Appellate Division of the Supreme Court of New York

Rodriguez v. Mullen

308 A.D.2d 544, 764 N.Y.S.2d 858, 2003 N.Y. App. Div. LEXIS 9634

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

DecidedSeptember 22, 2003

StatusPublished

This text of 308 A.D.2d 544 (Rodriguez v. Mullen) 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. Mullen, 308 A.D.2d 544, 764 N.Y.S.2d 858, 2003 N.Y. App. Div. LEXIS 9634 (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 Michael Mullen, a Justice of the Supreme Court, Suffolk County, from commencing a trial in a criminal action entitled People v Rodriguez, pending under Suffolk County Indictment No. 668-1998 and an application for poor person relief.

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; 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 [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. Florio, J.P., S. Miller, Townes and Rivera, JJ., concur.

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—Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent Michael Mullen, a Justice of the Supreme Court, Suffolk County, from commencing a trial in a criminal action entitled People v Rodriguez, pending under Suffolk County Indictment No. 668-1998 and an application for poor person relief.

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; 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 [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. Florio, J.P., S. Miller, Townes and Rivera, JJ., concur.

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Bluebook (online)

308 A.D.2d 544, 764 N.Y.S.2d 858, 2003 N.Y. App. Div. LEXIS 9634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-mullen-nyappdiv-2003.

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