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MATTER OF FRANCOIS v. DOLAN

263 A.D.2d 483 (1999)

693 N.Y.S.2d 198

In the Matter of KENDALL FRANCOIS, Petitioner, v. THOMAS J. DOLAN, as Judge of the Dutchess County Court, et al., Respondents.

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

Decided July 12, 1999.

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

"`[P]rohibition is available only where there is a clear legal right and then only when a court—in cases where judicial authority is challenged—acts or threatens to act either without jurisdiction or in excess of its authorized powers'" (Matter of Rondon v Kohm, 229 A.D.2d 395, quoting Matter of Holtzman...

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