Matter of Williams v Baily-Schiffman
2014 NY Slip Op 08343 [122 AD3d 933]
November 26, 2014
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 31, 2014


[*1]
 In the Matter of Tamara Williams et al., Petitioners,
v
Loren Baily-Schiffman et al., Respondents.

Duane C. Felton, Staten Island, N.Y., for petitioners.

Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael A. Berg of counsel), for respondent Loren Baily-Schiffman.

Polizzotto & Polizzotto, Brooklyn, N.Y. (Miguel Torrellas of counsel), for respondent Tracey Judge.

Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit Loren Baily-Schiffman, a Justice of the Supreme Court, Kings County, from enforcing an order dated September 23, 2014, that was issued in a guardianship proceeding pursuant to Mental Hygiene Law article 81, pending in that court under index No. 100147/12.

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 petitioners failed to establish a clear legal right to relief in the nature of prohibition. Skelos, J.P., Dickerson, Chambers and Maltese, JJ., concur.