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MATTER OF GUZMAN v. SPOTA

2013-04106.

107 A.D.3d 991 (2013)

966 N.Y.S.2d 881

2013 NY Slip Op 4803

In the Matter of JOEL GUZMAN, Petitioner, v. THOMAS J. SPOTA et al., Respondents.

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

Decided June 26, 2013.

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

Although a CPLR article 78 proceeding in the nature of prohibition is a proper means of challenging venue in a criminal action (see Matter of Steingut v Gold, 42 N.Y.2d 311, 315 [1977]), prohibition lies only where there is a clear legal right to that relief (see id.). Here, the petitioner has failed...

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