| Matter of Bristol v Sullivan |
| 2009 NY Slip Op 06686 [65 AD3d 1231] |
| September 22, 2009 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Marcel Bristol, Petitioner, v David P. Sullivan et al., Respondents. |
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Andrew M. Cuomo, Attorney General, New York, N.Y. (Charles F. Sanders of counsel), for
respondent David P. Sullivan.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Barbara
Kornblau of counsel), respondent pro se.
Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondents from proceeding with a criminal action entitled People v Bristol, pending in the County Court, Nassau County, under indictment No. 2346/08.
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]; Matter of Barton v Griffin, 59 AD3d 615 [2009]). Skelos, J.P., Leventhal, Hall and Austin, JJ., concur.