Taffet v. Cozzens

179 A.D.3d 709

113 N.Y.S.3d 562 (Mem)

In the Matter of Jordan TAFFET, Petitioner,

v.R. Bruce COZZENS, Jr. etc., et al., Respondents;

Cecilia Vega, et al., Nonparty-Respondents.

2019–11373

Supreme Court, Appellate Division, Second Department, New York.

Submitted—December 1, 2019

January 8, 2020

Jordan Taffet, Rockville Centre, NY, petitioner pro se.

Letitia James, Attorney General, New York, N.Y. (Melissa Ysaguirre of counsel), for respondents.

Jacobson & Schwartz, LLP (Henry J. Cernitz of counsel), for nonparty-respondents.

ALAN D. SCHEINKMAN, P.J., SYLVIA O. HINDS–RADIX, BETSY BARROS, PAUL WOOTEN, JJ.

DECISION, ORDER & JUDGMENT

Proceeding pursuant to CPLR article 78 in the nature of prohibition and mandamus, inter alia, to prohibit the respondents R. Bruce Cozzens, Jr., and Sharon M.J. Gianelli, Justices of the Supreme Court, Nassau County, in effect, from enforcing certain orders issued by them in an underlying civil action, and to compel the respondent Sharon M.J. Gianelli to restore that action to her calendar, and application by the petitioner for poor person relief.

ORDERED that the application for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and the application is otherwise denied as academic; and it is further,

ADJUDGED that the petition is denied and the proceeding is dismissed on the merits, 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 threatens to act either without jurisdiction or in excess of its authorized powers" ( Matter of Holtzman v. Goldman , 71 N.Y.2d 564, 569, 528 N.Y.S.2d 21, 523 N.E.2d 297 ; see Matter of Rush v. Mordue , 68 N.Y.2d 348, 352, 509 N.Y.S.2d 493...