MATTER OF SMITH v. LASAK

2016-12333.

149 A.D.3d 845 (2017)

2017 NY Slip Op 02797

49 N.Y.S.3d 907

In the Matter of KEVIN P. SMITH, Petitioner, v. GREGORY LASAK et al., Respondents.

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

Decided April 12, 2017.


Ordered that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied; and it is further,

Adjudged that the petition is denied and the proceeding is dismissed on the merits, 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...

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