Opinion
Argued November 19, 1970
Decided November 25, 1970
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ALFRED M. ASCIONE, J.
John R. O'Reilly for appellant.
J. Lee Rankin, Corporation Counsel ( Irving Genn, Stanley Buchsbaum and Franklin E. White of counsel), for respondent.
Order affirmed, without costs, in the following memorandum: An article 78 proceeding in the nature of prohibition does not lie in a case such as this. Prohibition is an extraordinary remedy to be invoked only to restrain the exercise of an unauthorized jurisdiction and is not available to prevent possible error which may be corrected on appeal. (See People ex rel. Livingston v. Wyatt, 186 N.Y. 383, 394; Matter of Blake v. Hogan, 25 N.Y.2d 747, 748; Matter of Hogan v. Court of Gen. Sessions, 296 N.Y. 1, 8-9; Matter of Culver Contr. Corp. v. Humphrey, 268 N.Y. 26, 39; Matter of Schuyler v. State Univ. of N.Y. at Albany, 31 A.D.2d 273, 274.)
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.