IN RE: LEON R. KOZIOL (2010)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: LEON R. KOZIOL, INDIVIDUALLY AND AS NATURAL PARENT OF CHILD A AND CHILD B, AND ON BEHALF OF PARENTS AND CHILDREN SIMILARLY SITUATED, PETITIONER, v. LEON R. KOZIOL, UTICA, PETITIONER PRO SE. WILLIAM L. KOSLOSKY, UTICA, RESPONDENT PRO SE.

OP 09-02550

Decided: April 30, 2010

PRESENT: MARTOCHE, J.P., SMITH, FAHEY, PERADOTTO, AND GREEN, JJ.

MEMORANDUM AND ORDER

MARTHA WALSH-HOOD, ACTING JUDGE OF STATE OF

NEW YORK, MICHAEL DALEY, ACTING FAMILY COURT

JUDGE OF STATE OF NEW YORK, WILLIAM L. KOSLOSKY,

ATTORNEY FOR THE CHILD, KELLY HAWSE-KOZIOL,

CUSTODIAL PARENT OF THE STATE OF NEW YORK,

UNIFIED COURT SYSTEM AND STATE OF NEW YORK,

RESPONDENTS.

Proceeding pursuant to CPLR article 78 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 508 [b][1] ) seeking, inter alia, relief in the nature of prohibition and mandamus.

It is hereby ORDERED that said petition is unanimously dismissed without costs.

Memorandum: We dismiss this CPLR article 78 petition seeking, inter alia, relief in the nature of prohibition and mandamus. “[P]etitioner here has failed to demonstrate a clear legal right to either of these remedies [that] could not be safeguarded through alternative remedies” (Matter of Galinson v. Graci, 182 A.D.2d 819, 820; see Matter of Susskind v. Stanger, 122 A.D.2d 213, 214-215; Matter of Raysor v. Stern, 68 A.D.2d 786, 788-789, lv denied 48 N.Y.2d 605, cert. denied 446 U.S. 942, reh denied 457 U.S. 1127).

Patricia L. Morgan

Clerk of the Court

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