Amrhein v. Signorelli

OPINION OF THE COURT

Robert W. Doyle, J.

For purposes of this determination, indexes Nos. 2026/86 and 2027/86 are consolidated.

Petitioner Alice A. Amrhein, the Commissioner of Social Services of the County of Suffolk, seeks an order pursuant to CPLR 7803 (2) prohibiting respondent, Ernest L. Signorelli, the Surrogate of Suffolk County, from acting in excess of his authorized powers. The petition is granted.

This court has jurisdiction over this matter pursuant to CPLR 506 and 7804 (i). While CPLR 506 (b) (1) requires special proceedings against a Justice of the Supreme Court or a Judge of the…