MATTER OF JACOBS v. ALTMAN


69 N.Y.2d 733 (1987)

In the Matter of Thomas L. Jacobs, as Commissioner of the New York City Probation Department, Appellant, v. Herbert Altman, as Justice of the New York County Supreme Court, Criminal Term, et al., Respondents.

Court of Appeals of the State of New York.

Decided January 20, 1987.


Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Helen P. Brown and June A. Witterschein of counsel), for appellant.

Robert Abrams, Attorney-General (Charles C. Davis, Jr., O. Peter Sherwood and Howard L. Zwickel of counsel), for Herbert Altman, Justice of the New York County Supreme Court, Criminal Term, respondent.

Michele Maxian and Caesar D. Cirigliano for John Santana, respondent.

Anthony James, respondent, precluded.

Chief Judge WACHTLER, and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur; Judge BELLACOSA taking no part.


MEMORANDUM.

The judgment of the Appellate Division dismissing the petition should be affirmed.

The extraordinary remedy of prohibition lies only where there is a clear legal right, and only when a court acts or threatens to act either without jurisdiction or in excess of its authorized powers in a proceeding over which it has jurisdiction (Matter of Rush v Mordue, 68 N.Y.2d 348<...

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