| Matter of Lisi v Doyle |
| 2011 NY Slip Op 06033 [86 AD3d 614] |
| July 19, 2011 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Brandon Lisi, Petitioner, v James F.X. Doyle et al., Respondents. |
—[*1]
Eric T. Schneiderman, Attorney General, New York, N.Y. (Roberta L. Martin of counsel),
for respondent James F.X. Doyle.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel),
respondent pro se.
Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent James F.X. Doyle, a Judge of the County Court, Suffolk County, from proceeding to trial in a criminal matter entitled People v Lisi, pending in the County Court, Suffolk County, under indictment No. 1709B/09.
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 the relief sought. Skelos, J.P., Eng, Austin and Miller, JJ., concur.