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In re Raghunath

Supreme Court of New York, Second Department

September 18, 2013

In the Matter of Ishwardat Raghunath, petitioner,
v.
Ronald D. Hollie, etc., et al., respondents.

Ishwardat Raghunath, East Elmhurst, N.Y., petitioner pro se.

Eric T. Schneiderman, Attorney General, New York, N.Y. (Anthony J. Tomari of counsel), for respondent Ronald D. Hollie.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Jill A. Gross Marks of counsel), respondent pro se.

PETER B. SKELOS, J.P., THOMAS A. DICKERSON, JOHN M. LEVENTHAL, SYLVIA O. HINDS-RADIX, JJ.

DECISION, ORDER & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the prosecution of the petitioner in a criminal action entitled People v Raghunath, commenced against the petitioner in the Supreme Court, Queens County, under Indictment No. 1003/11, and application by the petitioner for poor person relief.

ORDERED that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and the application is otherwise denied; and it is further,

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, 569; see Matter of Rush v Mordue, 68 N.Y.2d 348, 352).

The petitioner has failed to demonstrate a clear legal right to the relief sought.

SKELOS, J.P., DICKERSON, LEVENTHAL and HINDS-RADIX, JJ., concur.


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