| Matter of Raghunath v Hollie |
| 2013 NY Slip Op 05911 [109 AD3d 932] |
| September 18, 2013 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Ishwardat Raghunath,
Petitioner, v Ronald D. Hollie et al., Respondents. |
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Eric T. Schneiderman, Attorney General, New York, N.Y. (Anthony J. Tomari of
counsel), for respondent Ronald D. Hollie.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Jill A. Gross Marks of
counsel), respondent pro se.
Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the prosecution of the petitioner in a criminal action entitled People v Raghunath, commenced against the petitioner in the Supreme Court, Queens County, under indictment No. 1003/11, and application by the petitioner for poor person relief.
Ordered that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied; and it is further,
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., Dickerson, Leventhal and Hinds-Radix, JJ., concur.