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MATTER OF ROSSAKIS v. LINAKIS

199 A.D.2d 509 (1993)

605 N.Y.S.2d 390

In the Matter of Niki Rossakis, Petitioner, v. Yorka C. Linakis et al., Respondents

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

December 27, 1993

Ordered that the motion is granted; and it is further,

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

The extraordinary writ of prohibition is available only where there exists a clear legal right, and only in those cases where a court acts or threatens to act in excess of its authorized powers (see, Matter of Holtzman v Goldman, 71 N.Y.2d 564

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