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IN THE MATTER OF ASHLEY v. McGAW

28 A.D.3d 654 (2006)

812 N.Y.S.2d 365

In the Matter of MARLON ASHLEY, Appellant, v. RONALD J. McGAW, as City Court Judge of the Poughkeepsie City Court, et al., Respondents.

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

April 18, 2006.

Ordered that the judgment is affirmed, 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 cases where judicial authority is challenged — acts or threatens to act either without jurisdiction or in excess of its authorized powers" (Matter of Holtzman v. Goldman, 71 N.Y.2d 564, 569 [1988]; see...

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