MATTER OF DOWD v. BUCHTER

2010-02331

76 A.D.3d 630 (2010)

905 N.Y.S.2d 912

In the Matter of MICHAEL G. DOWD et al., Petitioners, v. RICHARD BUCHTER et al., Respondents.

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

Decided August 17, 2010.


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

The extraordinary writ of prohibition is available only where there exists a clear legal right, and only in those cases where a court acts or threatens to act in excess of its authorized powers (see Matter of Holtzman v Goldman, 71 N.Y.2d 564, 569 [1988]; Matter of Rush v Mordue, 68 N.Y.2d...

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