Opinion
June 12, 1980
Application, pursuant to CPLR article 78, for judgment prohibiting respondent from presiding in a certain nonjury trial now pending in Supreme Court, Fulton County. Application denied, without costs, and petition dismissed. Under the circumstances presented herein, relief in the nature of prohibition is not available (see Matter of Fitzgerald v. Wells, 9 A.D.2d 812, mot for lv to app den 7 N.Y.2d 711). Greenblott, J.P., Staley, Jr., Main, Mikoll and Casey, JJ., concur.