Vaillancourt v. Winslow

Appellate Division of the Supreme Court of New York

Vaillancourt v. Winslow

23 A.D.3d 570, 804 N.Y.S.2d 261

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

DecidedNovember 21, 2005

StatusPublished

This text of 23 A.D.3d 570 (Vaillancourt v. Winslow) 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

Vaillancourt v. Winslow, 23 A.D.3d 570, 804 N.Y.S.2d 261 (N.Y. Ct. App. 2005).

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Opinion

Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent F. Dana Winslow, a Justice of the Supreme [571]*571Court, Nassau County, from enforcing a judgment entered in an unrelated proceeding entitled Matter of Vaillancourt v Treasurer of Nassau County, pending in the Supreme Court, Nassau County, under index No. 1571/05.

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. Cozier, J.P., Ritter, Spolzino and Lunn, JJ., concur.

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Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent F. Dana Winslow, a Justice of the Supreme [571]*571Court, Nassau County, from enforcing a judgment entered in an unrelated proceeding entitled Matter of Vaillancourt v Treasurer of Nassau County, pending in the Supreme Court, Nassau County, under index No. 1571/05.

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. Cozier, J.P., Ritter, Spolzino and Lunn, JJ., concur.

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Bluebook (online)

23 A.D.3d 570, 804 N.Y.S.2d 261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vaillancourt-v-winslow-nyappdiv-2005.

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