MATTER OF GARCIA v. MULLEN


307 A.D.2d 264 (2003)

762 N.Y.S.2d 279

In the Matter of RICHARD GARCIA, Petitioner, v. MICHAEL L. MULLEN, as Justice of the Supreme Court of the State of New York. THOMAS J. SPOTA, Nonparty.

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

Decided July 7, 2003.


Ordered that the branch of the motion which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the motion is otherwise denied as academic; and it is further,

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

"Because of its extraordinary nature, prohibition is available only where there is a clear legal right, and then only when a court—in...

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