Opinion
July 29, 1996
Appeal from the County Court, Nassau County.
Upon the petition, the papers filed in support of the proceeding, and the papers filed in opposition thereto, it is
Adjudged the petition is denied and the proceeding is dismissed, without costs or disbursements.
Prohibition does not lie where the grievance can be redressed by appeal (see, Matter of Dondi v. Jones, 40 N.Y.2d 8, 14; see also, CPLR 7801; Matter of Rush v. Mordue, 68 N.Y.2d 348, 354; La Rocca v. Lane, 37 N.Y.2d 575, 579). Because the instant order is akin to an intermediate order which would be brought up for review upon an appeal from a judgment of conviction (see, CPL 450.10), the proper remedy is to appeal the judgment to the proper appellate court (see, Matter of Branciforte v. Spanish Naturopath Socy., 217 A.D.2d 619). Thompson, J.P., Copertino, Krausman and Florio, JJ., concur.