Opinion
November 10, 1986
Appeal from the Supreme Court, Erie County, Flaherty, J.
Present — Denman, J.P., Boomer, Pine, Lawton and Schnepp, JJ.
Order and judgment unanimously reversed on the law without costs and writ dismissed. Memorandum: While the issue presented on this appeal may have become moot, the significance of the issue and the frequency of its recurrence require that we address it in order to prevent repetition of the practice involved (see, Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707). Special Term erred as a matter of law in granting a writ prohibiting a scheduled administrative hearing. The courts have consistently held that a writ of prohibition should not issue to challenge a nonfinal ruling of an Administrative Hearing Officer (see, John P. v Axelrod, 105 A.D.2d 1061; Matter of Whalen v Slocum, 84 A.D.2d 956). "Prohibition is an extraordinary remedy to be invoked only where a clear right to relief is established and the action taken or threatened is clearly without jurisdiction or in excess of jurisdiction" (Matter of Rainka v Whalen, 73 A.D.2d 731, 732, affd 51 N.Y.2d 973; Matter of Bloom v Clyne, 69 A.D.2d 956). Here the Hearing Officer did not exceed his jurisdiction in refusing to grant an adjournment and his determination is not subject to review until after a final determination has been rendered (see, Matter of State of New York v King, 36 N.Y.2d 59).