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IN THE MATTER OF GULDI v. SPOTA

2009-05204.

2009 NY Slip Op 06430

IN THE MATTER OF GEORGE O. GULDI, ETC., petitioner, v. THOMAS J. SPOTA, ETC., ET AL., respondents.

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

Decided September 8, 2009.

Attorney(s) appearing for the Case

Kathy Huang, Whitestone, N.Y., and John F. Diffley, New York, N.Y., for petitioner.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Maureen McCormack of counsel), respondent pro se.

Before: Reinaldo E. Rivera, J.P., Robert A. Spolzino, Daniel D. Angiolillo, Ruth C. Balkin, JJ.

DECISION & JUDGMENT

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 case 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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