Opinion
May 14, 1990
Adjudged that the proceeding is dismissed, without costs or disbursements, and the temporary stay of "any hearing regarding the reasonableness of attorney's fees" granted by Justice Harwood in an order to show cause dated April 6, 1990, is vacated.
"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; accord, Matter of Rush v. Mordue, 68 N.Y.2d 348, 353). The County Court clearly has jurisdiction to decide a motion by counsel to withdraw and to direct a hearing to aid in the disposition of that motion. Mangano, P.J., Brown, Kooper and Harwood, JJ., concur.