| Matter of Mizell v Sweeney |
| 2018 NY Slip Op 00557 [157 AD3d 957] |
| January 31, 2018 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Sheryll Mizell, Petitioner, v Peter P. Sweeney, a Justice of the Supreme Court, Kings County, et al., Respondents. |
Sheryll Mizell, Brooklyn, NY, petitioner pro se.
Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit the respondent Peter P. Sweeney, a Justice of the Supreme Court, Kings County, from enforcing a judgment of foreclosure and sale in an action entitled US Bank N.A. v Mizell, pending in the Supreme Court, Kings County, under index No. 11315/09.
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 establish a clear legal right to the relief sought. Leventhal, J.P., Cohen, Maltese and Barros, JJ., concur.