IN RE: Raymond A. Tierney (2022)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: Raymond A. Tierney, etc., petitioner, v. Chris Ann Kelley, etc., et al., respondents.

2021–06373

Decided: September 14, 2022

VALERIE BRATHWAITE NELSON, J.P. REINALDO E. RIVERA CHERYL E. CHAMBERS DEBORAH A. DOWLING, JJ.

Raymond A. Tierney, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), petitioner pro se. Feldman & Feldman, Manhasset, N.Y. (Steven A. Felman and Arza Feldman of counsel), for respondent Chris Ann Kelley. Mayer & Baron, PLLC, Hauppauge, N.Y. (Peter H. Mayer IV of counsel), for respondent Fidel Portillo. New York Civil Liberties Union Foundation, New York, N.Y. (Daniel R. Lambright, Robert Hodgson, and Molly Biklen of counsel), amicus curiae pro se. District Attorneys Association of the State Of New York, Brooklyn, N.Y. (J. Anthony Jordan, Diem H. Tran, and Danielle E. Phillips of counsel), amicus curiae pro se. Legal Aid Society, New York, N.Y. (Twyla Carter and Jennvine Wong of counsel); Brooklyn Defender Services, Brooklyn, N.Y. (Lisa Schreibersdorf of counsel); New York County Defender Services, New York, N.Y. (Casey Dalporto and Bernadette Rabuy of counsel); Neighborhood Defender Service of Harlem, New York, N.Y. (Meghna Philip of counsel), amici curiae pro se (one brief filed). Anne T. Donnelly, District Attorney, Mineola, N.Y. (Jed L. Painter of counsel), amicus curiae pro se. Legal Aid Society of Nassau County, Hempstead, N.Y. (N. Scott Banks, Tammy Feman, and Marquetta Christy of counsel), amicus curiae pro se. Legal Aid of Bureau of Buffalo, Inc., Buffalo, N.Y. (Erin A. Tresmond and John Morrissey of counsel), amicus curiae pro se and for amici curiae Chief Defenders Association of New York, New York State Defenders Association, New York State Association of Criminal Defense Lawyers, Broome County Public Defender's Office, Center for Appellate Litigation, Genesee County Public Defender, Legal Aid Society of Westchester County, Livingston County Public Defender, Monroe County Conflict Defender's Office, Monroe County Public Defender's Office, New York County Defender Services, Oneida County Public Defender, Onondaga County Barr Association Assigned Counsel Program, Ontario County Office of the Conflict Defender, Ontario County Public Defender, Schuyler County Public Defender's Office, The Bronx Defenders, Tompkins County Assigned Counsel Program, and the Wayne County Public Defender Office.

DECISION & ORDER

Davis & Ferber, LLP, Islandia, N.Y. (Alex J. Kaminski of counsel), for amici curiae Suffolk County Police Conference, Suffolk County Police Benevolent Association, Inc., and Suffolk County Detective Investigators Police Benevolent Association.

Scott Lockwood, Deer Park, N.Y. (Danielle Coysh of counsel), for amicus curiae Suffolk County Criminal Defense Attorneys.

Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondent Chris Anne Kelley, a Justice of the Supreme Court, Suffolk County, from enforcing an order dated July 23, 2021, issued in an action entitled People v. Portillo, pending in that court under Indictment No. 179/20.

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 petitioner has failed to demonstrate a clear legal right to the relief sought.

BRATHWAITE NELSON, J.P., RIVERA, CHAMBERS and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law