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MATTER OF WEAVER v. SWEENEY

2019-09383.

178 A.D.3d 710 (2019)

111 N.Y.S.3d 247

2019 NY Slip Op 08679

In the Matter of Everette Weaver, Petitioner, v. Peter P. Sweeney, Respondent.

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

Decided December 4, 2019.

Attorney(s) appearing for the Case

Letitia James , Attorney General, New York, NY ( Charles F. Sanders of counsel), for respondent.

Everette Weaver, Hopewell Junction, NY, petitioner pro se.

Dillon, J.P., Balkin, LaSalle and Barros, JJ., concur.

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—acts or threatens to act either without jurisdiction or in excess of its authorized powers" (Matter of Holtzman v Goldman, 71 N.Y.2d 564...

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