| Matter of Robinson v Peck |
| 2012 NY Slip Op 05534 [97 AD3d 685] |
| July 11, 2012 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Steven Robinson, Petitioner, v George R. Peck, Respondent. |
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Eric T. Schneiderman, Attorney General, New York, N.Y. (Anthony J. Tomari
of counsel), for respondent.
Proceeding pursuant to CPLR article 78, inter alia, in the nature of prohibition to prohibit George R. Peck, a Justice of the Supreme Court, Nassau County, from presiding over a criminal action against the petitioner entitled People v Robinson, pending in the Supreme Court, Nassau County, under indictment No. 2305/09.
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. Angiolillo, J.P., Dickerson, Chambers and Cohen, JJ., concur.