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MATTER OF FALCO v. MAZZEI

2021-03820

197 A.D.3d 565 (2021)

148 N.Y.S.3d 921

2021 NY Slip Op 04663

In the Matter of David Falco, Petitioner, v. Timothy Mazzei et al., Respondents.

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

Decided August 11, 2021.

Attorney(s) appearing for the Case

Robert J. Del Col , Bay Shore, NY, for petitioner.

Letitia James , Attorney General, New York, NY ( Melissa Ysaguirre of counsel), for respondent Timothy Mazzei.

Dennis M. Cohen , County Attorney, Hauppauge, NY ( Drew W. Schirmer of counsel), for respondents Thomas Bianco, Acting Director of the Suffolk County Department of Probation, and Suffolk County Department of Probation.

Chambers, J.P., Miller, Connolly and Brathwaite Nelson, JJ., concur.

Ordered that the motion of the respondents Thomas Bianco, Acting Director of the Suffolk County Department of Probation, and Suffolk County Department of Probation to dismiss the petition insofar as asserted against them is granted; and it is further,

Adjudged that the proceeding is dismissed, 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—...

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