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MATTER OF CAPARELLA v. BERKOWITZ

2009-08278.

67 A.D.3d 676 (2009)

886 N.Y.S.2d 909

2009 NY Slip Op 08007

In the Matter of RONALD CAPARELLA, Petitioner, v. MERYL J. BERKOWITZ, as Justice of the Supreme Court of the State of New York, et al., Respondents.

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

Decided November 4, 2009.

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 wither without jurisdiction or in excess of its authorized powers" (Matter of Holtzman v Goldman, 71 N.Y.2d 564...

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