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MATTER OF SMITH v. KNIPEL

2017-03692.

151 A.D.3d 1067 (2017)

2017 NY Slip Op 05227

54 N.Y.S.3d 599

In the Matter of RUSSELL SMITH et al., Petitioners, v. LAWRENCE KNIPEL et al., Respondents.

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

Decided June 28, 2017.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

Ordered that the motions are 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 judicial authority is challenged...

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