Opinion
January 8, 1990
Ordered that the motion is granted; and it is further,
Adjudged that the proceeding is dismissed, without costs or disbursements.
The extraordinary remedy of prohibition does not lie as a means of seeking collateral review of an error of law, no matter how egregious, in a pending criminal matter (see, Matter of Kramer v Rosenberger, 107 A.D.2d 748, 749). Inasmuch as the petitioner has failed to demonstrate a clear legal right to this remedy which transcends a question of substantive or procedural law and which could not otherwise be safeguarded through the alternative remedy of appeal (see, Matter of Lipari v. Owens, 70 N.Y.2d 731; Matter of Rush v. Mordue, 68 N.Y.2d 348; Matter of Molea v. Marasco, 64 N.Y.2d 718), the proceeding is dismissed. Mollen, P.J., Thompson, Brown and Harwood, JJ., concur.