From Casetext: Smarter Legal Research

Matter of Pirro v. Angiolillo

Appellate Division of the Supreme Court of New York, Second Department
Dec 4, 1995
222 A.D.2d 438 (N.Y. App. Div. 1995)

Opinion

December 4, 1995


Motions by the respondents Daniel A. Angiolillo and Rocco A. Pozzi to dismiss the proceedings.

Upon the petition and the papers filed in support of the proceeding, and the papers filed in opposition thereto and in support of the motions, it is

Ordered that the motions are granted; and it is further,

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 N.Y.2d 564, 569; see, Matter of Rush v Mordue, 68 N.Y.2d 348, 352). The petitioner here has failed to demonstrate a clear legal right to the relief sought (see, People v Cohen, 222 A.D.2d 447 [decided herewith]). Bracken, J.P., Rosenblatt, Miller and Krausman, JJ., concur.


Summaries of

Matter of Pirro v. Angiolillo

Appellate Division of the Supreme Court of New York, Second Department
Dec 4, 1995
222 A.D.2d 438 (N.Y. App. Div. 1995)
Case details for

Matter of Pirro v. Angiolillo

Case Details

Full title:In the Matter of JEANINE PIRRO, Petitioner, v. DANIEL A. ANGIOLILLO, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 4, 1995

Citations

222 A.D.2d 438 (N.Y. App. Div. 1995)
635 N.Y.S.2d 510

Citing Cases

Matter of Pirro v. Angiolillo

Marilyn J. Slaaten, County Attorney of Westchester County, White Plains (Annette G. Hasapidis-Marshall and…