Robinson v. Spinner
101 A.D.3d 1130
N.Y. App. Div.
2012
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In the Matter of KENNETH ROBINSON, Petitioner, v JEFFERY ARLEN SPINNER et al., Respondents.

Appellate Division of the Supreme Court of New York

956 NYS2d 502

Angiolillo, J.P., Leventhal, Lott and Austin, JJ.

“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 its authorized powers” (

; see
). The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only where there exists a clear legal right to the relief sought (see
).

The petitioner failed to demonstrate a clear legal right to the relief sought. Angiolillo, J.P., Leventhal, Lott and Austin, JJ., concur.