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MATTER OF DILLON v. EIBERSON

251 A.D.2d 329 (1998)

673 N.Y.S.2d 1005

In the Matter of Denis Dillon, as District Attorney of the County of Nassau, Appellant, v. M. Arthur Eiberson et al., Respondents

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

June 1, 1998

Ordered that the judgment is affirmed insofar as appealed from, with costs.

It is well settled that 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 where the court acts or threatens to act either without jurisdiction or in excess of its authority (see, Matter of Catterson v Rohl, 202 A.D.2d 420). Even where...

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