IN RE: Levente Szileszky (2026)

DECISION, ORDER & JUDGMENT

Q/

Proceeding pursuant to CPLR article 78 in the nature of prohibition, certiorari, and mandamus, inter alia, to prohibit the respondent Theresa M. Ciccotto, a Justice of the Supreme Court, Kings County, from presiding at the trial in a matrimonial action entitled Abella v. Szileszky, pending in that court under Index No. 52705/17, to compel her to reassign the action to another Justice, to annul certain orders issued by that court, and application by the petitioner for a waiver of costs, fees, and expenses.

Upon the papers filed in support of the proceeding and application, and the papers filed in opposition thereto, it is

ORDERED that the application for a waiver of costs, fees, and expenses is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and the application is otherwise denied;  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;  see Matter of Rush v. Mordue, 68 N.Y.2d 348, 352).  Similarly, the extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act and only when there exists a clear legal right to the relief sought (see Matter of Legal Aid Socy. of Sullivan County v Scheinman, 53 N.Y.2d 12, 16).  The petitioner has failed to demonstrate a clear legal right to the relief sought.

The petitioner's remaining contentions are without merit.

DUFFY, J.P., TAYLOR, VENTURA and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court