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MATTER OF MURPHY v. DANAHER

123 A.D.2d 461 (1986)

In the Matter of Christopher M. Murphy, Petitioner, v. William A. Danaher, Jr., as County Judge of Chemung County, et al., Respondents

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

September 4, 1986

Motion granted, and application, pursuant to CPLR article 78, denied and petition dated July 28, 1986 dismissed. The extraordinary remedy of prohibition lies 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). Such remedy does not issue as of right, but only...

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