New York Public Personnel Law: A writ of prohibition is available to a petitioner "only where there is a clear legal right and only when the body or officer acts or threatens to act without jurisdiction in a matter over which it has no power over the subject matter or where it exceeds its authorized powers in a proceeding over which it has jurisdiction."

December 26, 2022

A writ of prohibition is available to a petitioner "only where there is a clear legal right and only when the body or officer acts or threatens to act without jurisdiction in a matter over which it has no power over the subject matter or where it exceeds its authorized powers in a proceeding over which it has jurisdiction."

N.B.The writ of prohibition is one of number of the ancient “common law” writs. Other such ancients writs include the writ of mandamus, granted by a court to compel an official to perform "acts that officials are duty-bound to perform;" the writ of injunction - a judicial order preventing a public official from performing an act; the writ of certiorari, compelling a lower court to send its record of a case to the higher tribunal for review by the higher tribunal; and the writ of quo warranto [by what authority]. New York State's Civil Practice Law and Rules sets out the modern equivalents of the surviving ancient writs.

Click the following URL to access this decision posted on the Internet at https://www.nycourts.gov/reporter/3dseries/2022/2022_07231.htm

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.