MATTER OF POWER v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL


61 A.D.3d 544 (2009)

878 N.Y.S.2d 682

In the Matter of JAMES A. POWER et al., Appellants, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 21, 2009.


A writ of prohibition will issue where there is a clear legal right and the body or officer "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 Forte v Supreme Ct. of State of N.Y., 48 N.Y.2d 179, 183 [1979], quoting Matter of Dondi v Jones, 40 N.Y.2d...

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