Opinion
December 31, 1998
Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.
"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; see, Matter of Rush v. Mordue, 68 N.Y.2d 348, 352). Prohibition is not available to obtain "premature appellate review of issues properly reviewable in the regular appellate process" ( Matter of Rush v. Mordue, supra, at 352). Because the petitioner's claim may be properly reviewed on direct appeal from a judgment entered against him, the remedy of prohibition does not lie and the petition is dismissed ( see, Matter of Maisonet v. Merola, 69 N.Y.2d 965, 966).
Miller, J. P., Ritter, Altman and McGinity, JJ., concur.