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MATTER OF KARST v. TOWN OF CARMEL

254 A.D.2d 359 (1998)

678 N.Y.S.2d 727

In the Matter of Brian Karst et al., Appellants, v. Town of Carmel, Respondent

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

October 13, 1998

Ordered that the judgment is affirmed, with costs.

"[T]he extraordinary remedy of prohibition lies only where there is a clear legal right and only when the body or officer `acts or threatens to act without jurisdiction in a matter over which it has no power over the subject matter or where it exceeds its authorized powers in a proceeding over which it has jurisdiction'" (Matter of Dondi v Jones, 40 N.Y.2d 8, 13, quoting...

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