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Criteria for Prohbition and Mandamus Actions Explained

The Second Department, in finding Supreme Court properly denied the petition against a judge, explained the criteria for prohibition and mandamus actions:

“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” … . “Prohibition will not lie, however, simply to correct trial errors” … and may not be employed as a means of seeking collateral review of mere trial errors of substantive law or procedure, no matter how egregious the error might be … .

“The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act and only when there exists a clear legal right to the relief sought” … . Mandamus will not lie if the action sought to be compelled involves an exercise of discretion or reasoned judgment … . Matter of Jordan v Levine, 2014 NY Slip Op 02934, 2nd Dept 4-30-14

 

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