IN RE: Eyal Cohen (2011)

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78, in the nature of prohibition to prohibit the respondent, Robert A. Ross, a Justice of the Supreme Court, Nassau County, from presiding over a hearing in an action entitled Cohen v. Cohen, pending in the Supreme Court, Nassau County, under Index No. 200455/07.

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 wither 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 failed to demonstrate a clear legal right to the relief sought.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court