From Casetext: Smarter Legal Research

Matter of Ellman v. Nastasi

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1992
188 A.D.2d 465 (N.Y. App. Div. 1992)

Opinion

December 7, 1992


Adjudged that the petitions are denied and the proceedings are 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; Matter of Crain Communications v Hughes, 74 N.Y.2d 626, 627-628). The petitioner here has failed to demonstrate a clear legal right to the relief requested which could not be otherwise safeguarded through alternative remedies (see, Matter of Lipari v Owens, 70 N.Y.2d 731; Matter of Rush v Mordue, 68 N.Y.2d 348, 353). Thus, the proceedings are dismissed. Thompson, J.P., Bracken, Sullivan and Ritter, JJ., concur.


Summaries of

Matter of Ellman v. Nastasi

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1992
188 A.D.2d 465 (N.Y. App. Div. 1992)
Case details for

Matter of Ellman v. Nastasi

Case Details

Full title:In the Matter of KENNETH ELLMAN, Petitioner, v. ALDO A. NASTASI, Respondent

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

Date published: Dec 7, 1992

Citations

188 A.D.2d 465 (N.Y. App. Div. 1992)
591 N.Y.S.2d 52

Citing Cases

Falchenberg v. New York City Dept. of Educ

Employment discrimination claims brought pursuant to Executive Law § 296 are not subject to notice of claim…

Conti v. Conti

Ordered that the order is affirmed insofar as appealed from, with costs. Stipulations of settlement are…