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MATTER OF BROWN v. BLUMENFELD

296 A.D.2d 405 (2002)

745 N.Y.S.2d 54

In the Matter of RICHARD A. BROWN, Petitioner, v. JOEL L. BLUMENFELD, as Justice of the Supreme Court of the State of New York, et al., Respondents.

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

Decided July 1, 2002.

Adjudged that the petition is granted, without costs or disbursements, and enforcement of the order dated February 25, 2002, in the underlying criminal action, is prohibited.

The remedy of prohibition generally lies when a court acts without jurisdiction or when a court exceeds its authorized powers in a proceeding over which it has jurisdiction (see CPLR 7801, 7803; Matter of Pirro v Angiolillo, 89 N.Y.2d 351, 355...

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