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Matter of Coven v. McCaffrey

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 1995
214 A.D.2d 728 (N.Y. App. Div. 1995)

Opinion

April 24, 1995

Appeal from the Supreme Court, Nassau County.


Adjudged that the petition is denied and the proceeding is dismissed, 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; accord, Matter of Rush v Mordue, 68 N.Y.2d 348, 353). The "extraordinary remedy of prohibition is never available merely to correct or prevent trial errors of substantive law or procedure, however grievous" (La Rocca v Lane, 37 N.Y.2d 575, 579, cert denied 424 U.S. 968), nor is it available if there exists an adequate remedy by way of appeal or otherwise (Matter of Molea v Marasco, 64 N.Y.2d 718, 720; Matter of Morgenthau v Erlbaum, 59 N.Y.2d 143, cert denied 464 U.S. 993). In the instant case, the court's determination, which directed that certain bonds be held for execution by the Federal Government and denied a demand for an attorney's charging lien, is subject to review on appeal. Since the petitioner, therefore, has an adequate remedy at law, prohibition may not be granted (see, Matter of Calandrillo v Browne, 180 A.D.2d 658). Bracken, J.P., Rosenblatt, Krausman and Goldstein, JJ., concur.


Summaries of

Matter of Coven v. McCaffrey

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 1995
214 A.D.2d 728 (N.Y. App. Div. 1995)
Case details for

Matter of Coven v. McCaffrey

Case Details

Full title:In the Matter of BERNARD J. COVEN, Petitioner, v. BERNARD McCAFFREY, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 24, 1995

Citations

214 A.D.2d 728 (N.Y. App. Div. 1995)
625 N.Y.S.2d 624