Burks v. Donalty

—Petition unanimously dismissed without costs. Memorandum: In this CPLR article 78 proceeding, petitioner has failed to establish entitlement to the relief sought by way of either prohibition or mandamus. With respect to prohibition, petitioner failed to show a clear legal right to the relief sought and that respondents are proceeding or are about to proceed “without or in excess of jurisdiction” (CPLR 7803 [2]; see, Matter of Haggerty v Himelein, 89 NY2d 431, 435; Matter of Rush v Mordue, 68 NY2d 348, 352-353; La Rocca v Lane, 37 NY2d 575, 578-579, cert denied 424 US 968), and petitioner has…