Bristol v. Sullivan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
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.
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…
2Cases cited3 opinions
- Rush v. MordueNew York Court of Appeals · 1986
- Holtzman v. GoldmanNew York Court of Appeals · 1988
- Barton v. GriffinAppellate Division of the Supreme Court of the State of New York · 2009