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MATTER OF TIERNEY v. KELLEY

2021-06376.

208 A.D.3d 1187 (2022)

173 N.Y.S.3d 882

2022 NY Slip Op 05169

In the Matter of Raymond A. Tierney, Petitioner, v. Chris Ann Kelley et al., Respondents.

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

Decided September 14, 2022.

Attorney(s) appearing for the Case

Raymond A. Tierney, District Attorney, Riverhead, NY (Glenn Green of counsel), petitioner pro se.

Feldman & Feldman, Manhasset, NY ( Steven A. Feldman and Arza Feldman of counsel), for respondent Chris Ann Kelley.

Laurette D. Mulry , Riverhead, NY ( Lisa Marcoccia of counsel), for respondent Marvin Prince.

Legal Aid Society of Nassau County, Hempstead, NY (N. Scott Banks, Tammy Feman, and Marquetta Christy of counsel), amicus curiae pro se.

Brathwaite Nelson, J.P., Rivera, Chambers and Dowling, 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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