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Koziol v. Martha Walsh-Hood

NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT


April 30, 2010

IN THE MATTER OF LEON R. KOZIOL, INDIVIDUALLY, AS NATURAL PARENT OF CHILD A AND ANOTHER, AND ON BEHALF OF PARENTS AND CHILDREN SIMILARLY SITUATED, PETITIONER,
v.
MARTHA WALSH-HOOD, ACTING JUDGE OF STATE OF NEW YORK, ET AL., RESPONDENTS.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, June 9, 2010

Proceeding pursuant to CPLR article 78 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 506 [b] [1]) seeking, inter alia, relief in the nature of prohibition and mandamus.

It is hereby ordered that said petition is unanimously dismissed without costs.

Memorandum

We dismiss this CPLR article 78 petition seeking, inter alia, relief in the nature of prohibition and mandamus. "[P]petitioner here has failed to demonstrate a clear legal right to either of these remedies [that] could not be safeguarded through alternative remedies" (Matter of Galinson v Graci, 182 AD2d 819, 820 [1992]; see Matter of Susskind v Stanger, 122 AD2d 213, 214-215 [1986]; Matter of Raysor v Stern, 68 AD2d 786, 788-789 [1979], lv denied 48 NY2d 605 [1979], cert denied 446 US 942 [1980], reh denied 457 US 1127 [1982]).

Present---Martoche, J.P., Smith, Fahey, Peradotto and Green, JJ.

20100430

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