IN RE: Tamara Williams (2014)

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to prohibit Loren Baily–Schiffman, a Justice of the Supreme Court, Kings County, from enforcing an order dated September 23, 2014, that was issued in a guardianship proceeding pursuant to Mental Hygiene Law article 81, pending in that court under Index No. 100147/12.

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;  see Matter of Rush v. Mordue, 68 N.Y.2d 348, 352).   The petitioners failed to establish a clear legal right to relief in the nature of prohibition.

SKELOS, J.P., DICKERSON, CHAMBERS and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court