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MATTER OF BLUMEN v. McGANN

18 A.D.3d 870 (2005)

796 N.Y.S.2d 380

In the Matter of ALAN BLUMEN et al., Petitioners, v. ROBERT C. McGANN, 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.

May 31, 2005.

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

A writ of prohibition is an extraordinary remedy which "lies only where there is a clear legal right, and . . . only when a court (if a court is involved) 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...

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