Parker v. Brandveen, 54 A.D.3d 766 (N.Y. App. Div. 2008). · Go Syfert
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Parker v. Brandveen, 54 A.D.3d 766 (N.Y. App. Div. 2008). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: Matter of Cunningham v. Trustees of St. Patrick's Cathedral (nyappdiv, 2018-02-06)
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discussed Cited as authority (rule) Matter of Cunningham v. Trustees of St. Patrick's Cathedral
N.Y. App. Div. · 2018 · confidence medium
An evidentiary hearing is not required unless a material issue of fact is raised as to the burial wishes of the decedent ( see Matter of Pring , 54 AD3d at 767 ["since the appellants did not raise a material issue of fact as to the decedent's wishes, the Supreme Court properly determined that no evidentiary hearing was required"]).
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In the Matter of Sandra Parker
v.
Anthony J. Brandveen
Appellate Division of the Supreme Court of the State of New York.
Sep 9, 2008.
54 A.D.3d 766
Published

Proceeding pursuant to CPLR article 78 in the nature of prohibition, in effect, to prohibit the respondents from enforcing an order of the Supreme Court, Nassau County (Brandveen, J.), dated February 27, 2008, in an action entitled Quality Ceramic Tile & Marble Co., Ltd. v Cherry Val. Ltd. Partnership, pending in the Supreme Court, Nassau County, under index No. 21616/93.

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, 71 NY2d 564, 569 [1988]; see Matter of Rush v Mordue, 68 NY2d 348, 352 [1986]). The petitioner has failed to demonstrate a clear legal right to the relief sought. Spolzino, J.P., Fisher, Carni and Dickerson, JJ., concur.