Mayer & Baron, PLLC, Hauppauge, NY ( Peter H. Mayer IV of counsel), for respondent Fidel Portillo.
Davis & Ferber, LLP, Islandia, NY ( Alex J. Kaminski of counsel), for amici curiae Suffolk County Police Conference, Suffolk County Police Benevolent Association, Inc., and Suffolk County Detective Investigators Police Benevolent Association.
New York Civil Liberties Union Foundation, New York, NY (Daniel R. Lambright, Robert Hodgson, and Molly Biklen of counsel), amicus curiae pro se.
District Attorneys Association of the State Of New York, Brooklyn, NY (J. Anthony Jordan, Diem H. Tran, and Danielle E. Phillips of counsel), amicus curiae pro se.
Legal Aid Society, New York, NY ( Twyla Carter and Jennvine Wong of counsel); Brooklyn Defender Services, Brooklyn, NY ( Lisa Schreibersdorf of counsel); New York County Defender Services, New York, NY ( Casey Dalporto and Bernadette Rabuy of counsel); Neighborhood Defender Service of Harlem, New York, NY (Meghna Philip of counsel), amici curiae pro se (one brief filed).
Anne T. Donnelly, District Attorney, Mineola, NY (Jed L. Painter of counsel), amicus curiae pro se.
Legal Aid Society of Nassau County, Hempstead, NY (N. Scott Banks, Tammy Feman, and Marquetta Christy of counsel), amicus curiae pro se.
Legal Aid of Bureau of Buffalo, Inc., Buffalo, NY (Erin A. Tresmond and John Morrissey of counsel), amicus curiae pro se and for amici curiae Chief Defenders Association of New York, New York State Defenders Association, New York State Association of Criminal Defense Lawyers, Broome County Public Defender's Office, Center for Appellate Litigation, Genesee County Public Defender, Legal Aid Society of Westchester County, Livingston County Public Defender, Monroe County Conflict Defender's Office, Monroe County Public Defender's Office, New York County Defender Services, Oneida County Public Defender, Onondaga County Barr Association Assigned Counsel Program, Ontario County Office of the Conflict Defender, Ontario County Public Defender, Schuyler County Public Defender's Office, The Bronx Defenders, Tompkins County Assigned Counsel Program, and the Wayne County Public Defender Office.
Brathwaite Nelson, J.P., Rivera, Chambers and Dowling, JJ., concur.
Appellate Division of the Supreme Court of New York, Second Department.
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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