SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
September 22, 2009
IN THE MATTER OF MARCEL BRISTOL, PETITIONER,
DAVID P. SULLIVAN, ETC., ET AL., RESPONDENTS.
Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondents from proceeding with a criminal action entitled People v Bristol, pending in the County Court, Nassau County, under Indictment No. 2346/08.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PETER B. SKELOS, J.P., JOHN M. LEVENTHAL, L. PRISCILLA HALL and LEONARD B. AUSTIN, JJ.
DECISION & JUDGMENT
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 NY2d 564, 569; see Matter of Rush v Mordue, 68 NY2d 348, 352; Matter of Barton v Griffin, 59 AD3d 615).
SKELOS, J.P., LEVENTHAL, HALL and AUSTIN, JJ., concur.
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