Opinion
Submitted April 6, 2000.
April 20, 2000.
Proceeding pursuant to CPLR article 78 to prohibit the respondents from continuing the prosecution of a criminal action entitled People v. Feuer, presently pending in the Supreme Court, Kings County, under Indictment Number 7700/99.
Mischel, Neuman Horn, P.C., New York, N.Y. (Richad E. Mischel of counsel), and Callan, Regenstreich, Koster Brady, New York, N Y (Paul Callan of counsel), for petitioner (one memorandum filed).
Eliot Spitzer, Attorney-General, New York, N.Y. (Carolyn Cairns Olson of counsel), for respondent Justices (no memorandum filed).
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ann Bordley of counsel), respondent pro se.
DANIEL W. JOY, J.P., ANITA R. FLORIO, HOWARD MILLER, NANCY E. SMITH, 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 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 N.Y.2d 564, 569 ; see, Matter of Rush v. Mordue, 68 N.Y.2d 348, 352 ). The petitioner has failed to demonstrate a clear legal right to the relief sought.