Hofstra v. Mahoney

HAIRE, Chief Judge,

Division 1.

In this special action proceeding we are asked to decide whether the respondent judge exceeded his jurisdiction by refusing to honor a “Notice of Change of Judge” filed by a party seeking modification of the alimony provisions of a divorce decree previously entered by the same respondent judge.

The relevant facts are as follows. On January 30, 1969, a judgment and decree of divorce was entered by the respondent judge, the Honorable T. J. Mahoney, dissolving the marriage of petitioner and his wife, and awarding monthly alimony to the wife. Approximately three years…