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MATTER OF QUACKENBUSH v. MONROE

87 A.D.2d 720 (1982)

In the Matter of Lewis Quackenbush, Petitioner, v. Donald H. Monroe, as County Judge of Chemung County, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 18, 1982

Application, pursuant to CPLR article 78, for judgment in the nature of prohibition, denied, and petition dated January 14, 1982 dismissed.

The extraordinary remedy of prohibition is available only where petitioner has established a clear right to relief and where action taken or threatened is clearly without jurisdiction or in excess of jurisdiction (see, e.g., Matter of State of New York v King, 36 N.Y.2d 59). It is further...

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