IN RE: Russell DEFREITAS (2024)

DECISION, ORDER & JUDGMENT

Proceeding pursuant to CPLR article 78, inter alia, in effect, in the nature of prohibition to prohibit the respondent Anthony Senft, a Judge of the County Court, Suffolk County, from continuing the prosecution of the petitioner in an action entitled People v. DeFreitas, pending in the County Court, Suffolk County, under Indictment No. 71385/23, 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 as academic;  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 N.Y.2d 564, 569, 528 N.Y.S.2d 21, 523 N.E.2d 297;  see Matter of Rush v. Mordue, 68 N.Y.2d 348, 352, 509 N.Y.S.2d 493, 502 N.E.2d 170).  The petitioner has failed to demonstrate a clear legal right to the relief sought.

The petitioner's remaining contentions are without merit.

CONNOLLY, J.P., CHRISTOPHER, DOWLING and VENTURA, JJ., concur.