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MATTER OF SMITH v. GRIBETZ

211 A.D.2d 605 (1995)

621 N.Y.S.2d 883

In the Matter of James F. Smith, Petitioner, v. Kenneth Gribetz et al., Respondents

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

January 4, 1995

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

Relief in the nature of a writ of prohibition is available only where there is a clear legal right, and then only where a court acts or threatens to act either without jurisdiction or in excess of its authorized powers (Matter of Holtzman v Goldman, 71 N.Y.2d 564, 569; Matter of Rush v Mordue, 68 N.Y...

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