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MATTER OF DICICCO v. NICOLAI

285 A.D.2d 645 (2001)

728 N.Y.S.2d 396

In the Matter of JOSEPH DICICCO, Petitioner, v. FRANCIS A. NICOLAI et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided July 30, 2001.

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 threatens to act either without jurisdiction or in excess of its authorized powers" (Matter of Holtzman v Goldman,

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