Bellony v. Chambers
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 enforcement of an ex parte lockdown order of the Supreme Court, Kings County (Chambers, J.), dated September 10, 2004, as amended October 20, 2004 (Gary, J.), which imposed various restrictive terms on his pretrial detention.
Adjudged that the petition is denied, and the proceeding is dismissed, 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…
2Cases cited9 opinions
- Bell v. WolfishSupreme Court of the United States · 1979
- Rush v. MordueNew York Court of Appeals · 1986
- Holtzman v. GoldmanNew York Court of Appeals · 1988
- Cooper v. MorinNew York Court of Appeals · 1979
- Alvarez v. SnyderAppellate Division of the Supreme Court of the State of New York · 2000
4 more not listed; retrieve them via the Exa API.