MATTER OF MAHL v. DONOVAN


191 A.D.2d 565 (1993)

595 N.Y.S.2d 107

In the Matter of Joel D. Mahl et al., Petitioners, v. W. Denis Donovan et al., Respondents

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

March 15, 1993


Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements; and it is further,

Ordered that the temporary restraining order continued in an order to show cause dated February 11, 1993, is vacated.

The extraordinary remedy of prohibition is available only where there is a clear legal right and, in cases where judicial authority is challenged, only when the court acts or threatens to act without jurisdiction or in excess...

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