IN RE: Richard L. Fuchs (2011)

Submitted-February 8, 2011

DECISION & ORDER

In a proceeding pursuant to CPLR article 78, inter alia, in the nature of prohibition to prohibit Sandra A. Forster, a Justice of the Town Court, Town of Greenburgh, from enforcing an order dated April 1, 2009, recusing Justice Forster from “any matter in which [the petitioner] may serve as counsel,” the petitioner appeals from a judgment of the Supreme Court, Westchester County (Wetzel, J.), entered December 23, 2009, which denied the petition and dismissed the proceeding.

ORDERED that the judgment is affirmed, with costs.

“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 has failed to demonstrate a clear legal right to the relief sought (see Matter of Brine v. Dubinsky, 115 Misc.2d 572, 574).

The petitioner's remaining contentions are without merit.

Accordingly, the Supreme Court properly denied the petition and dismissed the proceeding.

COVELLO, J.P., LOTT, ROMAN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court