MATTER OF CATTERSON v. VAUGHN


178 A.D.2d 595 (1991)

In the Matter of James M. Catterson, Jr., Petitioner, v. John V. Vaughn et al., Respondents

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

December 23, 1991


Adjudged that the proceeding is dismissed, without costs or disbursements.

The extraordinary remedy of prohibition is available only where there is a clear legal right, and then, in cases where judicial authority is challenged, only in cases where the court acts or threatens to act either without jurisdiction or in excess of its authorized powers (see, Matter of Hynes v George, 76 N.Y.2d 500; Matter of Holtzman...

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