Williams v. Westchester County Court

Appellate Division of the Supreme Court of New York

Williams v. Westchester County Court

256 A.D.2d 585, 682 N.Y.S.2d 870, 1998 N.Y. App. Div. LEXIS 14043

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

DecidedDecember 28, 1998

StatusPublished

This text of 256 A.D.2d 585 (Williams v. Westchester County 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.

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Williams v. Westchester County Court, 256 A.D.2d 585, 682 N.Y.S.2d 870, 1998 N.Y. App. Div. LEXIS 14043 (N.Y. Ct. App. 1998).

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Opinion

—Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to enjoin the County Court, Westchester County, from prosecuting him under Indictment No. 97-01571 in the matter entitled People v Williams, and application for poor person relief.

Ordered that the application for poor person relief is granted; 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. Miller, J. P., Ritter, Copertino and Altman, JJ., concur.

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—Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to enjoin the County Court, Westchester County, from prosecuting him under Indictment No. 97-01571 in the matter entitled People v Williams, and application for poor person relief.

Ordered that the application for poor person relief is granted; 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. Miller, J. P., Ritter, Copertino and Altman, JJ., concur.

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Bluebook (online)

256 A.D.2d 585, 682 N.Y.S.2d 870, 1998 N.Y. App. Div. LEXIS 14043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-westchester-county-court-nyappdiv-1998.

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